After an on-the-job injury, it is possible that a California worker may be unable to return to his or her normal job duties. When a person is unable to work because of circumstances beyond his or her control, it is possible that disability benefits could be granted. If you are suffering both physically and financially after an on-the-job injury, you could have certain options for financial assistance through workers’ compensation benefits.
If it is determined that you are eligible for disability, this should compensate an injured worker up to two-thirds of pre-tax income. Temporary disability is granted for those who cannot work while they are recovering from an injury. By law, a California worker cannot receive more than the designated amount, and the disability payments will stop when the worker is able and medically clear to return to work.
If you believe that you are unable to work, but a doctor has not determined that you are actually temporarily disabled, or you disagree with a diagnosis/treatment, there may be options available to appeal. An experienced workers’ compensation attorney can evaluate the situation. It can be very beneficial to have a legal ally to navigate the complex claims and appeals process on your behalf and the behalf of your family.
Workers’ compensation benefits should be granted to all employees, but it can sometimes be confusing and overwhelming to successfully file a claim. It is within the rights of every worker to seek third-party assistance after an on-the-job injury. This is an option, even if it is only to have assistance with filing a claim and seeking the full amount of deserved compensation.
Source: dir.ca.gov, “Temporary disability benefits“, Jan. 7, 2015