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Important Updates in California Workers’ Compensation: What Injured Workers Need to Know
Updated November 19, 2024
If you’ve been injured on the job or are dealing with a Workers’ Compensation claim, you know how overwhelming the process can be. Keeping up with the latest changes in California’s Workers’ Compensation laws and trends is key to making sure you get the benefits and care you deserve. Here are some important updates that could affect your Workers’ Comp case, whether you have a current Workers’ Compensation claim, or if you are considering filing a claim:
1. Remote Work Injuries Are Covered
If you’ve been working from home, you might wonder if injuries that happen during remote work are covered by Workers’ Compensation. The answer is yes. As long as the injury happens while you’re doing your job—even if it’s from your living room or home office—you may be entitled to benefits. This is especially important with the rise of remote and hybrid work. Don’t let the location of your injury stop you from getting the care and benefits you deserve.
2. Subsequent Injuries Benefits Trust Fund (SIBTF) Claims
If you had a pre-existing disability and were later injured on the job, you might be entitled to additional benefits from California’s Subsequent Injuries Benefits Trust Fund (SIBTF). The SIBTF can provide significant compensation if your combined disabilities limit your ability to work.
We are currently handling cases where clients are negotiating settlements involving the SIBTF. If you think this might apply to your situation, we can help you determine if you’re eligible and ensure that your rights are fully protected.
3. Changes in Medical Provider Networks (MPNs)
If you’ve had trouble choosing your doctor within the Workers’ Compensation system, you’re not alone. Many insurance companies use Medical Provider Networks (MPNs), which limit the doctors you can see for your work injury. Recently, there have been changes to these networks, including restrictions on selecting certain types of doctors, like chiropractors, as your Primary Treating Physician (PTP). If you’re having issues getting the treatment you need within your MPN, we can help you understand your rights and options for challenging those decisions.
Why These Changes Matter to You
Whether you’re just starting your Workers’ Comp claim or dealing with ongoing issues, staying informed about these updates is critical to getting the care, benefits, and compensation you deserve. These changes could affect everything from how your disability is rated to the medical treatment you receive.
At Dascanio Law, we specialize in representing injured workers, and we make it our mission to stay on top of every development in Workers’ Compensation law. If you’re concerned about how these updates might impact your case, we’re here to provide guidance, represent your interests, and fight for the benefits you’re entitled to.
Contact us today for a free consultation and let us help you navigate your Workers’ Compensation claim. Don’t leave your health and financial future to chance—let’s make sure you’re protected.
Why Choose the Law Offices of Dennis Dascanio?
We have built a great team of professionals over the years to work and fight for you. At Dascanio Law we have mastered the settlement negotiation process to obtain the best result on your case under the circumstances. Moreover, we do it with empathy, attention, and responsibility.
Benefits Available to Workers
If you are injured or became ill at work, you are generally entitled to certain benefits while you are recovering. These benefits include Medical Care, Temporary Disability Payments, Permanent Disability Payments, and Job Displacement Benefits.
Medical Care: When a Workers’ Compensation claim has been approved, the worker’s medical care will be covered by the employer’s insurance. This medical care may include things such as an ambulance ride or travel expenses, hospital or emergency room visits, medical testing, doctors’ appointments, surgery, physical therapy, chiropractic appointments, medications etc. For the quickest possible recovery, it is important for the worker to get the proper medical treatment as soon as possible.
Temporary Disability Payments: When an injured worker is unable to perform their usual job during their recovery, they may be entitled to Temporary Disability Payments of two-thirds of the worker’s average weekly wages. These payments may continue for up to 2 years after the injury.
Permanent Disability Payments: If the worker does not fully recover from their injury, they are deemed to have a permanent disability, and they may be entitled to continued weekly payments based on the level of permanent disability. Depending on the disability, these payments may continue for the rest of the worker’s life.
Job Displacement Benefits: If a worker is unable to return to their job after recovering from the injury, they may be entitled to a $6,000 voucher to be used for educational classes, books, computers, career counseling, and/or re-training.
When injured workers go through the Workers’ Compensation process on their own, they often do not receive the full amount of benefits available to them. This is why it is important to have an experienced Workers’ Compensation attorney fighting for you throughout the entire process. At the Law Offices of Dennis A. Dascanio, we have been protecting the rights of injured workers for over 35 years, and we will develop a personalized strategy to help you get the treatment and benefits you deserve.
What are the Workers Compensation Benefits in California?
California workers’ compensation benefits are designed to provide financial and medical support to employees who are injured or become ill as a result of their job. The benefits can include:
- Medical Benefits: Covers all reasonable and necessary medical treatment related to the injury or illness, such as doctor’s visits, hospital care, surgeries, medications, physical therapy, and other related treatments. This coverage is generally unlimited as long as the treatment is deemed necessary and appropriate.
- Temporary Disability Benefits: If an injured worker is unable to work while recovering, they may receive temporary disability benefits. These benefits are typically two-thirds of the worker’s average weekly wage, subject to certain maximum limits. They are paid until the worker is able to return to work or until the condition stabilizes.
- Permanent Disability Benefits: If an injury results in a permanent impairment, the worker may receive permanent disability benefits. The amount depends on the severity of the impairment, the worker’s ability to return to work, and other factors. Permanent disability benefits are calculated based on a rating system that assesses the extent of the disability.
- Supplemental Job Displacement Benefits: If the injured worker is unable to return to their previous job and needs retraining or education to find a new position, they may be eligible for supplemental job displacement benefits, which typically include vouchers for education or training costs.
- Death Benefits: If a worker dies as a result of a work-related injury or illness, their dependents (spouse, children, or other eligible family members) may receive death benefits. These can include burial expenses and financial support based on the deceased worker’s earnings.
- Return-to-Work Benefits: California offers a return-to-work supplement to employees who have a permanent partial disability and are unable to return to their previous job. This benefit helps ease the transition to new employment and is intended to support workers who face long-term challenges in returning to work.
What do Workers’ Compensation Lawyers Charge?
In California workers’ compensation attorneys generally charge a standard contingency fee of 15% of the final settlement which is subject to approval by the WCAB. If there is no settlement there is no charge. Surpassingly, and beneficial to the injured worker, attorneys do not charge for Temporary Disability payments, California State Disability Insurance payments or medical care bills.
There may be situations where the attorney may request a fee if any of the above issues are disputed. The fee is generally 15% of the benefits recovered through the attorneys litigation. That amount is often recovered by the worker through penalties assessed against the employer if wrongfully denied.