Legal Question in Workers Comp in California

Your benefits under workers' compensation

100% of all approved medical and hospital bills will be paid by the insurance company. Although the employer may choose your initial medical treatment, you can pick your own doctor, if certain procedures are followed.

Temporary disability (TD) benefits if you are unable to work for more than three (3) days. The amount of TD is generally two-thirds of your average weekly wages, up to $448.00 per week as of 7/1/95 and $490.00 per week after 7/1/96.

Permanent disability. This is additional money the insurance company will pay to compensate you for any permanent disability you may suffer from the injury or illness caused by your work. The amount you receive depends on the amount of disability. Your age, job and earning are also factors that are considered when calculating permanent disability. The amount can sometimes, depending on your disability, amount to several thousands of dollars. This may be paid in a "lump sum" or in bi-weekly payments.

Mileage payments. The insurance company must reimburse you for all mileage to and from your doctors.

In the event of a death caused by a workers' compensation injury, qualified surviving dependents will receive benefits. The maximum death benefit is $115,000 and there is a separate allowance of up to $5,000 for burial expenses.