Workers Compensation
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If you are injured in a work accident/incident, you may have the right to benefits under the California workers compensation system. Those who are injured at work may qualify for some or all of the following benefits:
- Medical Treatment – If you are injured at work, the workers’ compensation insurance company for your employer should cover all of the medical expenses related to your treatment for that injury. Currently there is a complex system in place to deal with the medical treatment aspect of workers’ compensation claims. Initially, your doctor should request specific treatments utilizing a form called an RFA. Once, the insurance company is provided with this RFA, they are supposed to either authorize or deny the requested treatment within a specific period of time. If the treatment is authorized, then your physician is able to proceed with the treatment. If the treatment is denied, then you may appeal the denial by filing an IMR Application. There are specific time periods by when IMR Applications (appeal of denial of treatment) must be filed. After the filing of an IMR Application, a doctor will be assigned to address your appeal of the denial of treatment. Again, this is a complex system, and it is a good idea to either make sure you fully understand the process or that you obtain an attorney with experience dealing with these issues.
- Temporary Disability – If you are injured at work and your treating doctor states that you are unable to work, then the insurance company should make payments of temporary disability benefits for the period of time you are off work. Generally speaking, the insurance company should pay 2/3 of your average weekly wages, however there are caps to the amount that an insurance company is obligated to pay per week. You may also be entitled to payment of temporary disability if your treating doctor provides you with work restrictions and your employer does not accept you with restrictions. If you are injured at work and are not receiving payments, call us IMMEDIATELY so that we may assist you.
3. Permanent Disability – Some work injuries result in permanent disability. In essence this means that after the doctors have provided a sufficient medical treatment, you have continue to have some disability/impairment. If this happens you may be entitled to compensation.
4. Supplemental Job Displacement Voucher – At a certain point along your treatment journey the physicians involved in your case will decide whether you have any permanent work restrictions as a result of your work injury. If you do, then your employer must decide whether they are going to offer you work within the permanent work restrictions that your physician(s) have indicated. If your employer does not offer you work within the permanent work restrictions, then you may be entitled to a Supplemental Job Displacement Voucher. This voucher provides funds for re-training into a job that you would be physically capable of performing based on your disability flowing from your work injury.
This is a very general explanation of the potential benefits provided by the workers’ compensation system. There are many intricacies involved with each potential benefit. Contact us and schedule a FREE CONSULTATION If you want an advocate on your side to make sure that you are being provided all of the benefits you are entitled to.
