Workers' Compensation Benefits
The idea behind workers’ compensation is fairly straightforward. In exchange for surrendering the right to sue a negligent employer for a workplace accident, the employee receives a streamlined process for receiving medical care at the employer’s expense and disability payments if an injury renders the employee unable to return to their pre-injury job duties. However, in practice, the California workers’ compensation benefits process may become complicated. The experienced Orange County workers’ compensation attorneys at Howard Law, P.C., can help guide you through the process of seeking the maximum amount of compensation that you may be due following a job-related illness or injury.
Once an employee has notified their employer of an on-the-job injury, the employer’s claims representative will investigate the claim to determine whether it is compensable. In the meantime, the representative is obligated to authorize certain necessary medical expenses, up to a certain dollar amount. If this does not happen, an injured worker may use their own health insurance to obtain appropriate care, and if the claim is later found to be valid, the employer’s insurance company will probably need to reimburse the employee’s health insurer. In some situations, the employee may be able to see their personal physician, but this is not always the case. Often, the injured worker must work with the claims representative to obtain authorized medical treatment. The good news is that, for compensable claims, the employer is responsible for all reasonably necessary medical expenses, with no deductible owed by the employee.Temporary and Permanent Disability Workers’ Compensation Benefits
In addition to medical care, a worker who suffers a job-related injury or illness may seek disability benefits if they are unable to work either temporarily or permanently. There are several different types of disability benefits: temporary partial disability (TPD), temporary total disability (TTD), permanent partial disability (PPD), and permanent total disability (PTD). The amount and duration of these disability benefits are dependent upon the employee’s ability to work, their average weekly wage, whether a physician states that they have sustained some degree of permanent impairment, and other factors.
In cases in which an employee dies as a result of a work injury, the deceased worker’s family may be able to receive death benefits. These may include both burial costs and periodic payments to help replace the deceased employee’s wages. The amount due depends upon whether the worker was married, the age of their children, whether any of those children are disabled, and the amount of money that the worker typically earned. A maximum amount set by the State applies in most fatal accident cases.Hire a Knowledgeable Workers’ Compensation Attorney in Orange County
The first step toward obtaining the appropriate workers’ compensation benefits is understanding the rights and responsibilities of everyone who is involved in a work injury claim—both employees and employers. The Orange County workers’ compensation lawyers at Howard Law have many years of combined experience representing injured workers throughout Southern California. To talk about your case with a member of our legal team, call us at (800) 872-5925 or contact us online and ask for a free appointment. Our job injury attorneys represent workers in Anaheim, Santa Ana, Los Angeles, San Diego, San Bernardino, Long Beach, Pomona, and Riverside, as well as other cities in Orange, Los Angeles, San Diego, San Bernardino, and Riverside Counties.