There are two different types of injuries that can occur on the job. A “Specific” injury occurs on a particular date. For example, if you fall, or have a car accident, this would be a specific injury. A “cumulative trauma” or repetitive use type of injury occurs over time. If you have a specific injury our firm will make sure that you get the benefits that you deserve. Benefits that you might be entitled to include:
Temporary Disability: If your injury prevents you from performing your usual and customary occupation and your employer has not offered you modified work within your restrictions then you might be entitled to Temporary Disability. This benefit is 2/3 of your Average Weekly Wage, and can vary depending if you are a max wage earner. It is payable for up to 104 weeks and it is tax free.
Medical Care: You are entitled to medical treatment for your work related injury. This coverage also extends to treatment for consequences of your injury which may include treatment of depression, anxiety, gastro-intestinal problems, diabetes and hypertension.
Permanent Disability: You might be entitled to a Permanent Disability award. The value of this award depends on your percentage of Permanent Disability given to you by your doctor or state medical examiner or both.
Retraining: If your injury results in Permanent Disability and you cannot return to work, you are generally eligible for a Supplemental Job Displacement Benefit, also referred to as a voucher. See Labor Code sections 4658.1, 4658.5 and 4658.7 for further details. If you were injured post 12/31/12, you are ADDITIONALLY entitled to $5,000 from the Return to Work Supplement Program while funds last. Use the following link to apply: https://www.dir.ca.gov/RTWSP/RTWSPApplication.html
Costs: You are entitled to mileage for visits to doctors, testing and pharmacy along with any other costs that go along with such visits.
Total Disability: Should your injury render you totally disabled, you may be entitled to Permanent Total Disability Award which is Temporary Disability for life. A COLA adjustment also applies for injuries post 12/31/2002.
Subsequent Injuries Benefits Trust Fund: According to Labor Code section 4751: If an employee who is permanently partially disabled receives a subsequent compensable injury resulting in additional permanent partial disability so that the degree of disability caused by the combination of both disabilities is greater than that which would have resulted from the subsequent injury alone, and the combined effect of the last injury and the previous disability or impairment is a permanent disability equal to 70 percent or more of total, he shall be paid in addition to the compensation due under this code for the permanent partial disability caused by the last injury compensation for the remainder of the combined permanent disability existing after the last injury as provided in this article; provided, that either (a) the previous disability or impairment affected a hand, an arm, a foot, a leg, or an eye, and the permanent disability resulting from the subsequent injury affects the opposite and corresponding member, and such latter permanent disability, when considered alone and without regard to, or adjustment for, the occupation or age of the employee, is equal to 5 percent or more of total, or (b) the permanent disability resulting from the subsequent injury, when considered alone and without regard to or adjustment for the occupation or the age of the employee, is equal to 35 percent or more of total.