If you are considering presenting a claim for workers’ compensation, your first question is probably “How much money will I receive?” The answer depends on the type and the gravity of your injury or illness.
Often, the amount of your claim will not be known until you have been evaluated by a doctor and other medical professionals.
Your employer’s insurance company is responsible for paying your reasonable medical expenses. If it is necessary for your injury or illness to follow a course of medical treatment, your employer will have to cover these costs.
Temporary Disability Benefits
If you expect your injury or illness to be temporary, you may be eligible for temporary disability benefits. These weekly payments generally equal 2/3 of your weekly salary before your injury.
If you absolutely cannot work, you will receive the total payments for temporary disability. These benefits replace the majority of the income that you lose while you are not earning your regular salary.
If you can work but with restrictions, you can still receive partial payments for temporary disability until you are able to work full time. These partial payments will help you to compensate the limited hours or duties that you are able to work while recovering.
Although these payments are based on the amount of activities you performed before your injury, California law says that each injured worker receives a minimum amount of money, independent of previous salary. Likewise, there is also a maximum amount of benefits that your payments cannot exceed.
Permanent Disability Benefits
Some injuries leave permanent damage that will never heal. If this is the case, your injury will be classified according to a scale of impairment.
Once your injury has stabilized, and you have reached the maximum medical improvement for your condition, your doctor will notify your employer’s insurance company that you have a permanent disability. Your disability will be given a percentage of impairment, and this number will be placed in a formula to calculate your benefits. The greater your percentage of impairment, the more money you will receive for your injury.
The exact amount of money for your claim will depend on the severity of your injury, the date of your injury and how much you earned before being injured.
Questions about Your Benefits?
If you were injured at work, you deserve the maximum benefits permitted by California workers’ compensation law.
If you believe your disability rate is too low, or if you need more time before returning to work, a workers’ compensation lawyer can help you to fight for these benefits that are needed.