Workers compensation law in California is different than most states. California has a no-fault system, in which its goal is to mutually benefit the employers and employees. If an employee is injured at work by a work-related accident, the employee may be compensated for his or her injuries, unless the injury was self-inflicted because the employee was under the influence of illegal drugs or alcohol.
If the employee is injured or becomes ill at work and subsequently dies, California workers’ compensation benefits allow the employee’s estate to collect death benefits.
With a few exceptions, all California employers are required to have workers’ compensation insurance to cover their employees for any work-related injuries or illnesses.
What Does Workers Compensation Cover?
Workers compensation covers work related injury. The key is to determine whether the injury was a preexisting condition and whether it was caused by duties performed during the course of work.
The general types of workers compensation given are:
- Medical expenses
- Temporary disability
- Permanent disability
- Life pension payments
- Vocational retraining
- Rehabilitation medical costs
- Death benefits
Can I Recover Any Damages Along with Workers Compensation?
Yes. Depending on your unique situation, you may also qualify for state disability or social security disability benefits. Furthermore, if a third party is involved, you may have claims for products liability and manufacturing defects.
What Type of Workers’ Compensation Benefits Can I Qualify For?
California workers’ compensation benefits include payments made to the employee while they are injured or ill. The type of benefits depends on the type and severity of the injury.
There are four types of disability or injuries under the California’s workers’ compensation law: Temporary Total Disability, Temporary Partial Disability, Permanent Total Disability, and Permanent Partial Disability Benefits.
- Temporary Total Disability Benefits (TTD): An employee is injured and the employee cannot work temporarily or for a short amount of time. In this case, the employee may receive 2/3 of his or her pre-injury average weekly income each week.
- Temporary Partial Disability Benefits (TPD): If an employee is injured and cannot perform all of their job duties, but is still able to do some of the job duties required (at reduced hours or at a reduced wage), the employee will be paid a certain percentage to make up for the difference between his or her current wage and pre-injury wage each week.
- Permanent Total Disability Benefit (PTD): If an employee’s injury lasts for an indefinite period of time and it is unclear when the employee will be back at work, the employee can receive a certain amount of compensation depending on type of disability, date of injury, and the amount of income lost because of the injury.
- Permanent Partial Disability Benefits (PPD): An employee who will always suffer the effects of his or her injury, and may be able to do some work, but not like he or she was able to perform before the injury. In this case, he will get up to 2/3 of his pre-injury wage up to 619 weeks.
Do I Need a California Lawyer?
An employment lawyer in California can help you assess your case and negotiate a better settlement plan for you. Moreover, he can represent you before the claims investigator to prevent you from being tricked into obtaining a smaller pay benefits.