California Workers’ Compensation Law
With over 20 years of experience representing injured California workers, we realize that navigating the workers’ compensation system is often confusing and complex for employees. Potentially making the claims process even more complicated, broad changes in the laws were enacted in 2004, Our team of knowledgeable workers’ compensation attorneys can guide you through these changes and help you recover benefit payments and other compensation in the most direct, timely, and effective manner possible.
Changes in California Workers’ Compensation Laws
California workers’ comp law & policy changes occasionally, so it’s important that if you were injured at work you understand your rights. If you are injured or become ill at your workplace or as the result of a work-related activity, the benefits to which you may be entitled include:
Reasonable and necessary medical care: Until your workers’ comp claim is either accepted or denied, employers have an obligation to provide up to $10,000 in reasonable and necessary medical care to cure, relieve, and otherwise assist you in your recovery, including doctor bills, medicines and crutches, hospital fees, lab tests, x-rays, and travel expenses for necessary medical treatment. Under the new laws, however, all medical treatment must first pass through a utilization review, which many insurance companies are using to their advantage at the expense of injured workers. An Upland workers’ compensation lawyer will be able to advise you on the legal changes, and how to avoid denials and delays.
Temporary disability: With the 2004 changes, injured workers who are unable to perform their regular job during their recovery period will now receive two-thirds of their average weekly wage up to a maximum benefit depending upon the date of the work-related injury.
Permanent disability: In the event you do not completely recover from your injury or illness, as determined by a doctor’s evaluation, you will be entitled to receive permanent disability benefits. The laws now provide that disability is based on a whole-person impairment relying on the American Medical Association guidelines, rather than on an inability to compete in the open job market.
Change from vocational rehabilitation benefits to supplemental job displacement benefits: Prior to the 2004 changes, a qualified injured worker, as determined by a doctor, was entitled to $16,000 worth of vocational rehabilitation. Now, an injured employee can only receive a voucher for a minimum amount of education-related training or skill enhancement in the event they cannot return to work for their employer because they are unable to recover from their injury or illness. The advice of a knowledgeable workers’ compensation attorney in Ontario can greatly assist in the process of obtaining vocational vouchers.
Workers’ Compensation Lawyers Serving the Inland Empire
Moga Law Firm provides assistance to workers in Upland and throughout San Bernardino County who are filing workers’ compensation claims or appealing workers’ compensation denials. To consult with our experienced team of workers’ compensation attorneys, call Moga Law Firm at 909-931-2444 or contact us online to schedule a complimentary consultation. Se habla español.