If you are injured on the job in California, it is important to understand how to calculate your workers' compensation benefits. The state of California sets the maximum amount of weekly benefits at two-thirds of your pretax gross wage, with a minimum of $182.29.
To calculate your weekly benefit amount, divide your annual salary by 52. For example, if you make $52,000 a year, your weekly benefit amount would be $1,000.
However, the maximum benefit is $666.66, so you would only receive that amount if your pretax gross wage was $944.44 or less. If your employer offers a "Disability Leave with Pay" program, they will make up the difference between the state's maximum benefit and your regular salary.
So when an employer offers this program, they would pay an additional $333.34 per week. In addition to weekly benefits, you could also possibly be eligible for Supplemental Job Displacement Benefits (SJDB), which can provide up to $6,000 in compensation for vocational skills training and other expenses.
You could also be eligible for up to $10,000 in compensation for medical expenses, such as medication, hospital bills, doctor's visits, and physical therapy. If you are injured on the job, it will be important for you to file a workers' compensation claim as soon as possible.
You can do this by contacting your employer's workers' compensation insurance company. The claim process is often complicated, so it can be a good idea for a person to speak with a workers’ compensation attorney if they have any questions.
The amount of compensation you receive for a work-related injury or illness is going to depend on the severity of your injury, your ability to return to work, and the long-term impact of your injury.
Temporary disability benefits will be paid when you are unable to work due to your injury. You may receive up to two-thirds of your average weekly wages for up to a maximum of 104 weeks. The amount of your benefits will be based on your work restrictions and weekly earnings.
Permanent disability benefits will be paid if you have a permanent change in your medical condition because of your injury. These benefits will be calculated based on your injury, job type, age, and change in future earning capacity because of your injury.
Here is a table that summarizes the different types of compensation benefits and how they are calculated:
If you have been injured on the job, it is important to speak with an attorney to discuss your legal rights and options. A lawyer will be able to help you properly file a workers' compensation claim and also ensure that you can receive all of the benefits you deserve.
At Arshakyan Law Firm, we have over two decades of legal experience helping injured workers in California. We can help you file a workers' compensation claim, negotiate with your employer's insurance company, and get the benefits you deserve.
Here are some additional tips for calculating your workers' compensation benefits:
- Keep track of every one of your medical expenses. This will include doctor's visits, hospital bills, prescription medication, and physical therapy.
- Keep copies of all of the paperwork you receive from your employer, the insurance company, and your doctor.
- If you have any questions about the workers' compensation process, do not hesitate to speak with an attorney.
California's workers' compensation law is broad and covers a wide range of injuries. To qualify for a workers' compensation claim, an injury must occur in the workplace while the victim is performing work-related duties.
The location of the injury does not matter as long as the victim was working when the injury occurred. However, if a victim was visiting their workplace for personal reasons or while off the clock, they might not qualify to file a workers' compensation claim.
It is also possible for a workers' compensation insurance carrier to ultimately deny a claim if a victim caused their own injury through a breach of company policy, a flagrant workplace safety violation, or if they caused the injury because they were illegally intoxicated at work. Workers' compensation can provide many different kinds of benefits to injured workers, including:
- Medical expenses: Workers' compensation will generally cover all medical treatment costs that the victim incurs, including doctor's visits, hospital bills, prescription medication, and physical therapy.
- Disability benefits: Workers' compensation can also provide ongoing disability benefits while the victim recovers from their injury and cannot work. The amount of disability benefits that a victim receives will depend on both their average weekly wage and the severity of their injury.
- Partial benefits: In some cases, victims may qualify for partial benefits that make up the difference of their lost earning capacity from a work-related injury.
California law generally prevents injured workers from suing their employers for injuries suffered on the job. However, there are exceptions to this rule.
For example, if an employer does not have workers' compensation insurance as they are required to by California law, the injured employee can proceed directly with a personal injury claim if the employer bears liability for the injury. It is also possible to have grounds to file both a workers' compensation claim and a personal injury lawsuit against a third party who causes a work injury.
Anybody who is dealing with a workplace injury will want to seek legal assistance for help navigating what can be a very complicated claims process. Arshakyan Law Firm knows how stressful and challenging workers’ compensation claims can be for people who very much need financial assistance. We will work hard to make sure that you can get all of the help that you are entitled to.
Our firm can help you complete all of the necessary paperwork, ensure that your claim is filed on time, and gather all of the evidence necessary to support your claim. Call (888) 851-5005 or contact us online today to arrange a free consultation.