Tuesday, September 27

What is the Value of my Worker’s Compensation Claim?

What is the Value of my Worker’s Compensation Claim?

What is the Value of my Worker’s Compensation Claim? The value of your workers’ compensation claim will depend on several factors:

  • The extent and severity of your injuries;
  • Your chance of recovery;
  • Whether your injuries will cause you to miss work, either temporarily or permanently.

Once these factors are determined, you may be entitled to several of the following benefits:

  • medical benefits
  • Temporary disability benefits
  • Permanent disability benefits
  • Supplemental job displacement benefits
  • Death benefits in the event of the worker’s death

Under the law, your employer’s insurance company must cover up to $10,000 in medical treatment after you file your claim and it is pending. The company must cover this sum, even if your claim is ultimately denied. If the insurance company does not notify you of the denial of your claim within 90 days of receipt of your claim form, your benefits will be deemed accepted by the state under California Labor Code section 5402.

Upon approval of your claim, you are entitled to receive medical benefits to pay for all medical treatment reasonably required to treat your injuries and related symptoms, including:

  • hospital bills
  • doctor bills
  • Prescription drugs
  • Acupuncture
  • Medical equipment and supplies
  • Up to 24 sessions with a physical therapist, chiropractor or occupational therapist

All of these expenses must be paid by worker’s compensation, with no copays or deductibles. Before you can get some types of treatment recommended by your doctor, you may need to get authorization from your insurance company through a process called utilization review.

Your worker’s compensation claim may also include temporary disability benefits. If your injury requires you to miss more than three days of work, you may receive temporary disability payments. Temporary disability benefits do not replace all the income you have lost due to your inability to work. Instead, he will replace a portion of your income for the time you are unable to return to work due to the injury.

Temporary disability benefits are subject to minimum and maximum limits, which are adjusted each year. For 2019, the minimum amount of temporary disability benefits was $187.71 per week, while the maximum amount was $1,251.38 per week. If you are awarded temporary disability benefits, you will receive two-thirds of your regular income up to a maximum disability amount.

If your doctor determines that your injuries have left you permanently disabled, which will affect your ability to work, you may be entitled to permanent disability benefits. You can find the latest Department of Industrial Relations disability schedule here.

If you receive a diagnosis of partial disability and your employer does not offer you a modified position within 60 days, you may be eligible for a supplemental job displacement benefit of up to $6,000. This benefit will be used to pay for the training or certifications you need to get a different job that you can do.

If you lost a loved one in a workplace accident, you may be entitled to death benefits. These benefits are intended to compensate you for reasonable burial and funeral expenses you incur. They may also provide benefits to a surviving spouse and minor children of the deceased worker.

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