Workers Compensation California: Benefits and Process

By law, your employer in California is required to pay “workers compensation California benefits” in case you are injured while on the job. The type of injury could be a single event, such as falling and breaking your leg or getting injured due to exposed to toxic substances, or it could be injury caused due to repeated exposure at work, like hurting your back from repetitive movements required by your work.

Workers compensation also covers some psychological injuries caused by work. If however, you have been informed that you are being laid off or terminated, then you cannot claim workers’ compensation.

Benefits

By California law, all employers are required to provide workers compensation benefits. Also, an employer cannot ask his or her employees to contribute to the workers compensation fund.

Workers compensation benefits include

• Medical Care deemed necessary for your injury

• Temporary and/or permanent disability Benefits

• Supplemental Job displacement benefits, which are retraining costs in case you cannot get back to your old job

• Death benefits to your family

Process of Workers Compensation California

Here are is the general process to claiming workers compensation:

• The workers compensation claim form has to be submitted within 1 working day of the injury being reported

• The employers returns the filled in claim form also within a working day of the claim being submitted

• The employee goes through an medical evaluation by a Medical Provider Network

• The claims form, along with the medical evaluation report, is then submitted to the Claims Administrator within working day of receiving the medical evaluation

• An amount of $10,000 must be authorized within one working day of the claim being submitted for appropriate medical expenses

• If the workers medical evaluation allows it, then the worker must be provided with alternative light work

Failure to have workers’ compensation in California is a criminal offense which can lead to the employer having to pay a fine of not less than $10,000 and/or a one-year prison term in the county jail.

If a worker is not insured by an employer, then if a work related injury occurs, the worker is allowed to sue the employer in addition to filing a workers compensation claim.

In case you have any concerns or questions with regard to workers compensation California, please log onto State of California Department of Industrial Relations.