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Are You Aware of Your Rights under California Worker’s Compensation?

The state of California follows a no-fault worker compensation system. It is considered ideal for both employees and employers as it benefits both. Workers don't have to sue their employers in court and prove them responsible for a work-related injury. California Worker's Compensation benefits are simply amazing as they are paid by the employers to provide help and support to injured workers. All the payments and non-cash benefits received are exempted from tax.

Here are some of the benefits which injured workers are entitled to in the state of California:

Cost of Medical Treatment

Medical treatment costs including any associated expenses pertaining to medical treatment comes from worker’s compensation benefits which includes cost of medical evaluations, treatments and surgical procedures. Medical aid devices, prescription drugs and transportation expenses incurred for seeking treatment is also covered. All the workers in the state of California will get reimbursed if they travel seeking medical treatment or a diagnosis at the IRS mileage rate of 54 cents per mile with took effect starting January 1st, 2016.

Temporary Disability Payments

These are paid to injured workers who received their injuries while working. They are paid based on two-thirds of their average weekly wage inclusive of state mandated weekly maximums which will depend on the date of their injury. A worker can be paid for temporary disability for the next two years from the date of injury (up to 104 weeks) unless they suffer from any of the below mentioned conditions (in such cases he is entitled for 240 weeks:

  • Severe Burns
  • Certain Eye Injuries
  • HIV
  • Amputation
  • Hepatitis B or C
  • Chronic Lung Disease
  • Pulmonary Fibrosis

Permanent Disability Payments

These are paid to those workers who are permanently disabled due to the work-related injury. The payment is made based on the disability rating which varies depending on the factors such as worker’s occupation, age, injury sustained and restrictions put by the doctor. Depending on the disability of the worker, these payments can be provided from a minimum of four weeks to a maximum of fourteen years.

Life Pension Payments

Those workers whose disability range from 70% to 99% can avail the benefit in the form of life pension payments apart from the weekly permanent disability payments. It will be provided for the rest of their lives.

Vocational Retraining Costs

Also called Supplemental Job Displacement Benefit, it is available to those workers who can’t return to their previous job due to their disability and no modified jobs or any sort of alternatives were provided by the employers. The retraining benefit is a US $6000 voucher for retraining at state approved schools which covers books, fees and school tuition.

Death Benefits

It is provided to the dependents or the spouses of workers who die due to work related activity. It also includes burial expenses.

Every worker should know about the rights and benefits provided to an injured worker in California.

Gaylord and Nantais is a leading workers compensation firm based at Long Beach, California. We deal with all the legal matters pertaining to worker’s injury at workplace. If you are injured at workplace and are seeking help, call us at 562-424-9967.


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Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Co- owner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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