If looked at honestly, workers’ compensation is designed to keep you from bringing a personal injury claim against your employer. The system makes no one rich; it provides benefits that are barely sufficient to help injured workers make ends meet while they recover. If you are injured on the job, it’s imperative to get help from an experienced workers’ compensation attorney who can guide you through the often-baffling workers’ compensation system. With a little forethought, you can survive the workers’ compensation experience without starving to death or ending up homeless. These are your goals:
- Get the medical treatment you need
- Get the maximum cash benefit while recovering
- If applicable, get the maximum benefit for your permanent disability
- Take advantage of other government programs
- Settle your claim to cover continuing medical needs
Understanding Temporary and Permanent Disability Benefits
If you are injured at the job and cannot work, you are entitled to temporary disability benefits. This is usually two-thirds of your normal pay, subject to statutory maximums and minimums. Temporary disability benefits are limited to two years, or until you reach “Maximum Medical Improvement” (MMI), meaning that you have (at least theoretically) fully recuperated. Permanent disability benefits represent compensation for your diminished future earning capacity. A good workers’ compensation lawyer will strive to make sure this benefit is fairly calculated.
Your Rights to Medical Treatment and Expense Reimbursement
Under California law, you are entitled to “all medical treatment necessary to cure or relieve the effects of your industrial injury.” This is a broad right that includes:
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Doctor visits and hospital bills
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Prescriptions and lab tests
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Diagnostic procedures (MRIs, X-rays)
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Mileage reimbursement for travel to and from medical appointments and pharmacies.
But actually receiving the medical treatment you are “entitled” to can be tricky; California gives the insurance industry some power to control their costs regarding treatment under workers’ comp. You can get the medical treatment you need, but you may need the help of a good workers’ compensation lawyer.
The Role of a Workers’ Compensation Attorney
An experienced workers’ compensation attorney can assess your situation, provide sound legal advice, and guide you through the workers’ compensation process. The help of a good workers’ compensation lawyer is imperative to guarantee your rights and your compensation. If you’ve been injured at work, talk with an experienced workers’ compensation attorney right away.