Benefits

Learn About the Benefits Injured Workers Should Receive

Here is a quick overview of five of the most important benefits an injured worker is entitled to:

Temporary Disability

Temporary Disability can be understood as the period after injury when a person is unable to work, and still getting better. Even if they will not ever become as good as they were. For example. If you were to break your arm and were unable to work while it was in a cast. The period you were in the cast and healing would be considered a period of Temporary Disability.

Payable every 14 days on the same day of the week.
Rate: 2/3 your average weekly earnings, there are statutory maximum and minimum amounts of benefits that vary by date of injury.
Penalties may be due to the Injured Worker if payments are not made timely and at the proper rate.
New rules cap an injured right to receive temporary disability at 104 weeks from the first payment of temporary disability.
RESOURCES:
○ State of California Official Fact Sheet Regarding Temporary Disability

Medical Treatment

A Worker who has been injured at work has the right to receive medical treatment that is reasonably calculated to relieve or cure the effects of the injury.

Timely payment of all medical bills
Right to treatment from Doctors, Chiropractors, Acupuncturists, Psychiatrists, and others
Home Care
Transportation costs to get to the Doctor or Therapist
FAQ Medical Treatment

Right to Select Doctor

An injured worker does not have to accept just any doctor!

Commencing in 2005, the Employer has been able to force the Injured Worker to receive treatment from a specific set of doctors. Technically this group is called a Medical Provider Network (MPN). It is similar to an HMO, in that you must treat within a specific group of doctors. In many cases, the doctors available through the MPN, tend to be very favorable towards the Insurance Company or Employer, as they are the ones who approve them for the MPN and less likely to request or provide medical treatment that is needed.

Even within the MPN, the Injured Worker has the right to change doctors and does not have to accept the one assigned by the Employer. There are also times when the Employer loses the right to force the Injured Worker to treat within the MPN.

Rejection of provided Doctor
Selection of New Doctor
Treatment outside the Employer's Medical Provider Network (MPN)

Permanent Disability

Although someone who can never work again may be considered to have a permanent disability, a worker can have a permanent disability which still allows them to work. Once a Worker has recovered as much as they will from their injury they are considered to have reached a point of Maximum Medical Improvement (MMI). Once the Injured Worker reaches a state of MMI, if they are not as good as they were originally which results in a loss of earning capacity, then they Injured Worker may be entitled to Per meant Disability Payments.

Paid every 14 days according to a schedule of payment for a pre-determined number of weeks.
Rate: 2/3 your earnings, statutory maximum and minimum rates apply and vary by date of injury and other factors.
Late payments subject to penalties and interest.
Injured Worker able to work and collect permanent disability at the same time.

Supplemental Job Displacement Voucher

In order to assist in re-entering the Job Market, the Injured Employee may be entitled to a Supplemental Job Displacement Voucher (SJDV). This is a voucher that the Injured Worker may be entitled in order to pay for schooling or classes to secure training to help assist in returning to the job market.

It should be noted that there used to be a similar but much better benefit, Vocational Rehabilitation, it is no longer a benefit, having been replaced by the SJDV.

Payable every 14 days on the same day of the week.
Rate: 2/3 your average weekly earnings, there are statutory maximum and minimum amounts of benefits that vary by date of injury.
Penalties may be due the Injured Worker if payments are not made timely and at the proper rate