If you have been injured on the job, or if a loved one passed due to a job-related accident, you are entitled to certain benefits from the State of California Department of Industrial Relations worker's compensation. Because of the complexity of the system and the process, you should retain a California worker's compensation attorney to help you file for worker's compensation.
Qualified Medical Examinations
If your claim is denied or delayed, you may request a qualified medical examination. Also, if you need to find out whether your work-related injuries have permanently disabled you, you may want to request a qualified medical examination. Also, if you disagree with your treating physician's diagnosis of your medical condition, you may also request a qualified medical examination.
If a loved one passed because of a work-related injury or died on the job, you may be entitled to death benefits. These benefits are payable to the spouse, children and other dependents of the deceased. Death benefits include up to $10,000 in burial expenses if the injury happened after January 1, 2013, and $5,000 if before. Additional death benefits may be awarded, depending on the number of dependents and are paid at the total disability rate, up to $320,000.
If you have been injured on the job, you are entitled to certain benefits, including mileage for travel to treatment centers, if that travel is for treatment for job-related injuries. The current mileage for 2017 is $0.535.
If you have been permanently disabled and rated at 100 percent, you are entitled to a certain amount paid weekly. The on-going payments are based on the statewide average weekly wage. Temporary and permanent disability supplemental job displacement benefits are also available. The amounts payable depend on your average weekly wage and the permanent disability rating you may have received. Temporary disability and permanent disability rates are located in the same table, as both are based on the wage you were receiving at the time of the accident.
However, if you have been deemed permanently disabled, the payment also depends on your disability rating, and is figured in a bracket. For example, if you make less than $263.82 per week, your temporary disability rate is $175.88 for 2017. However, if you have been rated 1 to 54 percent permanently disabled, the weekly rate ranges from $160 to $290. Additionally, those are rated permanently disabled may be entitled to up to $6,000 for supplemental job displacement benefits.
Contact Leviton Diaz & Ginocchio, Inc.
If you have been injured at work, or if you have lost a loved one due to a work-related accident and injury, contact Leviton Diaz & Ginochio, Inc., Bakersfield or Santa Ana workers' compensation attorneys so that we may help you through the application process.