A Closer Look at Californias Disability Compensation
Have you been injured at work?
If you are an employee and have been injured in the State of California, chances are you would be frequently confused and intimidated by the application of the different laws and procedures.
Remember, each case is different. The law or procedure applicable in one case may not be applicable to your case. Hence, it is best to consult a disability compensation attorney.
For better understanding of the benefits available to you, it is advisable to discuss the several benefits an injured worker is entitled to.
Workers Compensation System
Workers' compensation is the oldest social insurance program. It is a no-fault system, which means that the injured employees need not prove that the injury is caused by someone else's fault.
Under this system, an injured worker is entitled to benefits depending on the nature, date and severity of the injury:
" vocational rehabilitation services
Injured workers who are unable to return to their former type of work are entitled to vocational rehabilitation services if these services can reasonably be expected to return the worker to suitable gainful employment.
This includes the development of a suitable plan, the cost of any training, and a maintenance allowance while participating in rehabilitation.
" Supplemental job displacement benefits
This is a nontransferable voucher for the maximum amount of P10,000.00 intended for education-related retraining or skill enhancement, or both, payable to a state approved or accredited school if the worker is injured on or after January 1, 2004.
To qualify, the injury must result in a permanent disability. The injured employee has not worked for 60 days after temporary disability ends and the employer does not offer modified or alternative work.
" Medical Care
Injured workers are entitled to receive all medical care reasonably required to cure or relieve the effects of the injury, with no deductible or co-payments by the injured worker.
For dates of injury on or after Jan. 1, 2004, an injured worker is limited to 24 chiropractic and 24 physical therapy visits.
Generally, the employer controls the medical treatment for the first 30 days after the injury is reported.
However, if the employee has notified the employer in writing prior to the injury that he or she has a "personal physician" then the employee may be treated by that physician from the date of injury unless they agree for a managed care program.
" Temporary disability benefits
Workers who are unable to work within three (3) days are entitled to temporary disability benefits to partly replace wages lost as a result of the injury.
The benefits are generally intended to restore 2/3 of the lost wages, up to a maximum of $728 per week. It is payable every two weeks and until the employee is able to return to work or until the employee's condition becomes permanent and stationary.
" Permanent disability benefits
A worker with a permanent partial disability gets weekly benefits for a period which increases with the percentage of disability, from four (4) weeks for a one percent permanent disability up to 694.25 weeks for a 99.75 percent disability.
It is payable at 2/3 of the injured worker's average weekly wages, but are subject to a much lower maximum.
As of January 1, 2004, the rates are $220 per week for disabilities less than 69.75 percent and $270 per week for disabilities rated at 70 to 99.75 percent.
Those with a permanent partial disability of 70% or more also collect a small life pension, which is a maximum of $257.69 per week.
Our experienced disability compensation attorneys can help you with disability benefits and other social security claims. Visit our website at http://www.socialsecuritylawattorney.com/Disability-Attorneys.html to have your case evaluated.
Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.
Related Articles:
Dr. Kenrick Spence Named Top Orlando Plastic Surgeon
Readers of Orlando Magazine singled out Dr. Spence as their #1 choice for the sixth consecutive year.
No Time Like The Present For Fort Lauderdale Real Estate Investments
The city of Fort Lauderdale in Broward County is best described as the Venice of America. The beautiful sights and amazing sounds have attracted tourists from all over the world to spend their tropical vacation in the city.
Golf Industry Insights
The time and effort for due diligence prior to the launch of Prescription Putting has provided a number of insights to the golf industry. The following are some of the things that we learned and ones that help shape what we do here at Prescription Putting.
Austin Real Estate School Announces New Web Site with Advanced SEM Techniques
The Austin Institute of Real Estate (AIRE) announces a new web site which incorporates the latest advanced Search Engine Marketing (SEM) techniques. To help create the new site, AIRE used RefreshWeb, the Austin-based B2B internet marketing agency.
How To Use Golf Training Aids To Get Your Tempo In The Groove
Baaack and thru. Baaack and thru. Baaack and thru. Feel the rhythm, feel the tempo. Bring the club back and let it go.
Golf Techniques - Stretch, Don't Strain
It's that time of year when we start getting out on the course again after the winter layoff, unless you are a sucker for punishment like me and play all year round Because we have these long breaks it is very easy to injure yourself when you go back out onto the course
Orlando Vacation Homes: Luxury Accommodations on a Budget!
Luxury accommodations on a budget may sound like a contradiction, but when you are talking about Orlando vacation homes, it is a fact If you want to enjoy a vacation in Orlando without breaking your budget, then the best way to do it is to get a vacation home rental rather than book hotel rooms
Avalar Southern California Exceeding All Recruitment Goals for 2006
New franchise Avalar Southern California with its office in Corona California has exceeded even its own recruitment goals. As one of Avalar's newest franchise's and only the second in the Southern California area Avalar Southern California formerly Diamond Pacific Realty has more than quadrupled its agents and staff in just the later half of 2006.
GPEC Program Accelerates Greater Phoenix Planning and Development
To compete in an increasingly global economy, companies need to move quickly in establishing business operations. The Greater Phoenix Economic Council (GPEC) and our communities have responded by introducing an accelerated permitting certification program that completes the process at the municipal level in 90 days or less.
Author Leora Skolkin-Smith Will be Appearing at the Northern Arizona Book Festival with Billy Collins, Marilyn Hacker, Oscar Hijeulos, Gretel Erlich,
Set amidst the barbed-wire borders of pre-1967 Jerusalem, Leora Skolkin-Smith's brief novel follows fourteen-year-old Liana Bialik on a trip to Israel with her mother and sister in 1963. "Edges, O Israel, O Palestine" will be featured at this year's Northern Arizona Book Festival, 2007.