Many are unaware that there are distinct types of workers’ compensation they could be eligible to benefit from depending on the nature of their injury. The most common type is referred to as Temporary Disability (TD), which pays two-thirds of your average weekly wage up to a certain limit set by California. The maximum rate for those injured after January 1 2017 will be set at $1172.57 per week.
TD benefits can be paid out until either you are medically permitted to go back to work, or until your injury is deemed permanent by your doctor or has reached maximum medical improvement; that is, your condition has stabilized. You cannot obtain TD benefits for more than 104 weeks within five years of your injury.
If your injury is deemed to be permanent and stationary, your doctor can determine if you have any impairments or permanent disability as a result. In this case, you could recover Permanent Disability which is calculated as a percentage, with 100% being completely incapable of returning to work. Permanent Partial Disability are for those injuries less than 100%.
The higher your percentage of disability, the more money you could be awarded. Once your permanent disability is set, you could be entitled to either an award of permanent disability in weekly payments or a Compromise and Release—one lump sum without the possibility of further medical care coverage.
Injured workers unable to return to their job can also receive a voucher of several thousand dollars which is payable to a school of the worker’s choice for Vocational Retraining.
The dependents of a worker who dies as a result of a workplace injury can claim death benefits as a part of workers’ compensation. The amount of benefits is related to the number of dependents and the degree of dependency. The grounds for obtaining such benefits hangs on whether the injury sustained at work caused or hastened the death.
You need a highly-skilled Orange County workers’ compensation lawyer by your side if you or a loved one was hurt on the job to push for the maximum award to get you through this difficult time. Call Willyard Law to evaluate your case.