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An overview of workers’ compensation benefits

On Behalf of | Sep 23, 2020 | Workers' Compensation |

Those who are injured on the job in San Jose, California, can receive benefits through the workers’ compensation program. The amount will naturally differ based on the severity of the injuries, and the following is a brief summary of what can be included.

Victims covered for all medical expenses

Workers will require some form of treatment to relieve or cure the effects of their workplace injury or illness, and the program will cover all reasonable expenses to this end. It will even cover travel expenses to and from the hospital. Of course, victims may need to use the company doctor, but this will normally be for 30 days, after which they could switch doctors.

Types of disability benefits

Whenever victims must take time off work on account of their injuries, they become eligible for disability benefits. Temporary disability benefits are paid out every two weeks and will usually cover about two thirds of the victim’s average weekly gross pay. A doctor must verify that the victim cannot work.

If the injuries leave victims with a diminished capacity to compete in the labor market and earn a living, then the program can pay out permanent disability benefits, though the amount and rate will vary based on severity, age, the field that victims worked in and what their earnings were prior to the injury. The benefits will cover future lost wages, among other things.

About wage loss benefits

If victims can return to work, though at a lesser capacity, they may still receive temporary partial wage loss benefits. Whatever victims are eligible for, they must always alert their employer when their work status changes as this will modify how much they receive.

Seeking benefits with legal assistance

An attorney who’s familiar with workers’ compensation law may be the only one who will completely understand your situation. Before filing your claim, then, you may want one by your side to offer advice and guidance. If the employer denies benefits, you may mount an appeal with that attorney’s help. The attorney may also explain when opting for a settlement is a good idea.