At the Law Offices of Farrell, Fraulob & Brown, our workers’ compensation attorneys care about our clients. We understand that being hurt on the job is very stressful and can feel overwhelming. In addition to being injured, workers must to deal with their employers and the workers' compensation insurance companies in order to receive all of the benefits to which they are entitled, including temporary disability benefits and medical expenses. That is why we guide our clients through every step of the process, telling them what to expect and what to do whenever they have a question or concern. When we deal with insurance companies and opposing counsel, we are zealous advocates, seeking every possible source of compensation for our clients.
What is Workers' Compensation?
Workers' compensation is insurance employers must make available to their employees. If you become injured or ill due to your job, you may receive benefits no matter who is at fault. Injuries and disabilities might be caused by a single accident or from repeated exposure to certain toxic chemicals or repetitive work motions.
What Types of Benefits are Provided with Workers’ Compensation?
Workers’ compensation pays for both temporary and permanent disabilities. You must be unable to work for a minimum of three days to file a temporary disability claim. Temporary disability compensation is based on your average weekly earnings, up to a set amount, and is available for a maximum of two years within five years of the injury.
If your injury or illness permanently impairs your ability to compete in the open labor market, you may qualify for a permanent disability benefit. Permanent disabilities are always determined after consultation with a physician. The formula for calculating your permanent disability rate considers your age and occupation at the time of your injury or illness, plus the gravity of your physical impairment. Again, your average weekly earnings are a factor in determining your benefit.
Medical Treatment for Your Injury
Your employer must authorize medical treatment as required and limited by the law within one day after you file a claim form. Treatment up to a certain limit is authorized until the claim is accepted or rejected.
After your claim is accepted, all medical care that is reasonable and necessary is covered. This includes the costs for doctors, hospital services, physical therapy, lab tests, x-rays, and medicines. Reasonable transportation expenses are also included. All treatments suggested by your physician are subject to a review process by the insurance carrier, but treatment must be approved or denied within a specific time period. All authorized treatments are paid for by the insurance. You should not receive bills or be responsible for co-payments.
Workers’ Compensation Death Benefits
In the worst-case scenario, death benefits are paid to qualified surviving dependents. The total death benefit is based on the number of dependents and the temporary disability rate. Benefits are paid out over time, until the total benefit is paid in full, up to a maximum of $320,000.
Please contact the Sacramento Law Offices of Farrell, Fraulob & Brown at (916) 442-5835 if you have any questions about Workers’ Compensation benefits.