California Workers' Comp Rights
Enacted in the 1910s, California's workers' compensation benefits provide aid for workers who have been hurt on the job. Most claims are resolved with no problems. However, in a minority of cases there may be a dispute. Such disputes are resolved through the Information and Assistance Unit or by judges at 24 local offices throughout the state. No matter what stage your claim is at, you should know your rights under California's workers' compensation program.
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Basics
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Workers' compensation is available for all workers who are injured on the job. This can be due to a single event at work, such as a chemical spill or a car accident. Alternately, it can be due to repeated events at work such as repetitive motion injuries or a hearing loss due to loud noises. The system is a no-fault system, meaning that you do not have to prove that someone else is at fault to receive benefits.
Features
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Workers' compensation in California comes with a variety of benefits. Your employer must pay for medical care that helps you recover from work-related injuries and illness. You must also be reimbursed for lost wages due to work-related injury and illness. Permanent disability benefits are available for those who never recover. Those injured after 2004 may be eligible for vouchers to help for retraining for those who don't completely recover and don't return to work for their employer. Finally, death benefits are available for the surviving spouses, children and dependents of those who die from work-related illness and injury.
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Misconceptions
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Some workers may fear that an employer can terminate them because of an injury. However, it is against California state law to fire or punish you for being injured on the job or filing a claim when you believe that you have a work-related injury. You should contact a legal professional or the Department of Industrial Relations if you feel that you are being targeted due to a workplace injury.
Considerations
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The first physician that you see will be selected by your employer. In most cases, the employee can change to a doctor of his own choosing after the first 30 days of treatment. However, when the employer has failed to post legally adequate information about the employee's rights under state law at a conspicuous place in the workplace, the employee may see a physician of her choosing right away.
Limits
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While your claim is being investigated, California law limits you to $10,000 in treatment. For claims filed after 2004, you are limited to 24 visits each to a chiropractor, an occupational therapist and a physical therapist. Once your claim has been approved you are entitled to receive treatment for as long as it is medically necessary.
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References
Resources
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