If you are seriously injured while at work, you are likely managing a significant amount of stress and worry. Maintaining a consistent work schedule is essential for you to be able to pay bills and support yourself and your loved ones. An injury may force you to take significant time away from work, which could lead to less pay and financial strain for you and your family.
Fortunately, workers’ compensation laws are in place to provide the necessary help and support you need while you are recovering from a work injury. From medical care and physical therapy to financial assistance and insurance help, filing for workers’ compensation can guarantee that you receive the support you deserve.
One key aspect of receiving proper support from your workers’ compensation claim is understanding how the filing process works and what you are entitled to. English Lloyd & Armenta can help you navigate the legal system and ensure you are granted all of the resources and compensation you are due.
What Is Workers’ Compensation?
Workers’ compensation refers to laws put in place to ensure employees who are injured while performing the duties of their job are properly cared for. These laws dictate the processes necessary to file for and receive workers’ compensation benefits. They also clearly outline what benefits an injured employee may be entitled to in the case of an injury.
The benefits you can receive from workers’ compensation in California are:
Medical care paid for by the employer. This is a way to ensure the employee heals properly and can return to work safely. These benefits may include doctors’ visits, medications, tests, and more.
Death benefits. In extreme cases where an employee is either killed while at work or dies as a result of a work injury, death benefits are given to the family to help cover any necessary costs.
Temporary disability benefits. These benefits are in place to provide financial support while the employee is recovering. Temporary disability benefits should cover any wages that are lost as a result of their required recovery time.
Permanent disability benefits. In cases where a work injury causes permanent, measurable changes to an employee’s physical or mental function, they might be awarded permanent disability benefits. These payments provide financial support if they are unable to fully recover from your work injury.
Supplemental Job Displacement Benefits are relatively new in the state of California. This program is an additional service available if an employee’s injury occurred after 2004, and they are eligible to receive permanent disability. This can provide assistance to pay for training to help the employee develop their work skills further and be able to find stable work.
If you have been injured at work, you must take the necessary steps to receive appropriate compensation. Knowing what injuries and events may qualify you for workers’ compensation can make starting this process much easier.
How Can an Employee Qualify for Workers’ Compensation?
You may be eligible to receive workers’ compensation if you experienced any work injury that causes you to miss work for an extended period or if you are unable to complete the duties of your job. There are several classifications of injuries that may be covered by workers’ compensation.
Some of these injuries include:
An injury that is the result of a single event. This may include a fall that causes a back injury or burns caused by a chemical spill. These injuries may be fully accidental, but they happen while completing the duties of your position.
An injury caused by repetition or exposure over time. If you are in an extremely loud atmosphere consistently and begin to lose your hearing, that may qualify you to receive workers’ compensation. Similarly, you may be eligible for compensation if the regular duties of your job require repetitive motion that causes strain or injury. This type of injury is often not accidental. Instead, it’s an accumulation of strain over time.
Psychological issues related to stress at work. Even psychological problems you develop as a result of stress at your job may qualify you to receive workers’ compensation. These instances may be more difficult to prove, but if the stress of your job duties or work environment is making you unable to complete your work, you may be eligible for compensation.
Each injury and claim is different, so having the assistance of an experienced workers’ compensation attorney can make the process much easier to navigate. If you believe you are eligible for workers’ compensation, let English Lloyd & Armenta help you file your claim so that you can get the best benefits available to you.
What Is the Maximum Payout for Workers’ Compensation?
In California, payments for workers’ compensation are calculated based on a worker’s average weekly earnings. This means there is not one clear-cut maximum payout because it is determined by your income prior to the injury. The payout amount also differs depending on whether you receive temporary or permanent disability benefits.
The minimum temporary benefit you can receive is about $231 if your weekly income is less than approximately $347. For individuals whose weekly income is between $347 and $2,310, the temporary disability rate is determined by calculating two-thirds of the average weekly wage.
Permanent disability is also calculated based on the temporary disability rate and the Statewide Average Weekly Wage. The maximum payout for permanent disability is $290 weekly, while the minimum is $160. These benefits are paid for life if you qualify. You may also be eligible for up to $6,000 for Supplemental Job Displacement Benefits.
The Benefits of a Workers’ Compensation Attorney
Recovering from a work-related injury can be a difficult and stressful process regardless of circumstances. Organizing the appropriate medical care and working through any stress, personal or financial, that the injury causes can be daunting. You should not also have to navigate the legal process of filing a workers’ compensation claim and receiving the appropriate benefits on your own.
Working with an experienced, trustworthy workers’ compensation attorney can help ensure you receive the benefits you deserve. If you believe you may be eligible for workers’ compensation, contact English Lloyd & Armenta and let us help you with your workers’ compensation claim.