Workers Compensation
For some, a job can be as safe as sitting behind a desk answering phones or typing on a computer. For others, like those in construction, a more dangerous work environment awaits. If you are in a work-related accident here in San Diego, there is a wide-range of injuries you can suffer from depending on your job. For example, there is also a chance that something could fall on your head causing a traumatic brain injury (i.e. concussion).
But either way, if the unexpected happens and you are injured at work, you should know that worker’s compensation law states that businesses in San Diego and all over California should be held liable for any personal injury that you sustain while on the job.
REQUIRED NOTICE
Making a false statement or fraudulent worker’s compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
How Does Worker’s Compensation Work?
Worker’s compensation acts as insurance for employees that are injured or become ill on the job by providing medical coverage and income replacement. Worker’s compensation also protects companies from being sued by their own employees.
Businesses in San Diego and in cities all across the 50 states are required by law to pay worker’s compensation for the medical bills and a portion of the lost wages of employees who suffer job-related injuries or illnesses. Each state determines its own worker’s compensation payment schedule, eligibility requirements and rehab procedures. Guidelines can be different, but there is a similar basic principle: Employers should assume the costs of injuries, illnesses and wrongful deaths that occur on the job as well as supplement income loss.
What Are the Types of Worker’s Compensation Disabilities?
In worker’s compensation claims, there are two types of worker’s compensation disabilities you can collect: temporary and permanent.
TEMPORARY DISABILITY (TD)
There are two types of temporary worker’s compensation disability benefits. If you cannot work at all during recovery, you will receive temporary total disability (TTD) benefits. If you can do some work, you will be eligible to receive temporary partial worker’s compensation disability benefits (TPD).
Generally, temporary worker’s compensation disability pays two-thirds of the wages before taxes while you recover from a job injury. You cannot receive more than the maximum weekly amount set by law. Your wages are calculated by using all forms of income received from work including wages, food, lodging, tips, commissions, overtime and bonuses.
Temporary worker’s compensation payments begin when your doctor says you cannot work for more than three days or if you get hospitalized overnight.
Worker’s comp payments are made every two weeks and generally stop when you are cleared to return to work by your doctor. Worker’s comp payments for severe personal injuries can last longer, but usually payments last for no more than 104 weeks.
PERMANENT DISABILITY (PD)
While most workers recover completely from job related injuries, there are some personal injuries that never go away. These people are able to collect worker’s compensation for permanent disability.
Permanent disability worker’s comp payment is paid if you suffer from a disability that reduces your earning capacity. These worker’s comp payments continue even after your maximum medical improvement (the condition in which a person recovers as much as they are expected).
If you are living in San Diego and your personal injury or illness results in permanent disability, you are entitled to permanent worker’s comp disability benefits, even if you are able to return to work. PD benefits are set by law, but the worker’s compensation claims adjuster will determine how much to pay you based on three factors:
- Your disability rating (expressed as a percentage)
- Date of injury
- Your earnings before you were injured
Permanent worker’s comp disability benefits are normally paid when temporary disability benefits end, and your doctor states you have permanent disabilities from the injury. Permanent disability payments begin within 14 days after temporary worker’s compensation payments end.
How Do I Get Compensation For My Work-Related Injuries?
Work-related accidents cause injury to thousands of Americans and to residents of San Diego every day. When they do happen, your employer may ask you to see a doctor for a medical consultation. This initial procedure determines what kind of injury you sustained, what type of treatments you require and when you can return to a normal life (if possible depending on the injury).
Your employer may also want you to see a doctor that the company provides. You will insist that you see your own physician. This is where your case may become difficult.
If you hire our experienced personal injury attorneys in San Diego, we can speak directly with the insurance company to seek a compromise by utilizing an agreed medical examiner (AME) to examine you. Relying on one doctor eliminates a possible disagreement between two different medical opinions in a worker’s compensation lawsuit. Of course, both sides are now bound to one doctor’s opinion unless it can be shown the doctor made a mistake in some way.
If the doctor does indicate that you will not be able to return to your current job, you may be entitled to worker’s comp rehabilitation benefits. The worker’s comp rehabilitation program includes services reasonably necessary to return you to suitable gainful employment.
Can I Still Make a Personal Injury Claim?
While your worker’s compensation should help you pay back your medical bills and reimburse you for a portion of your lost wages, did you know that you are still able to file for a personal injury claim?
Since 1992, the personal injury lawyers at the Law Offices of Michael Pines, APC have been helping people just like you deal with your worker’s comp and personal injury claim right here in San Diego. We know that the legal process can at times be very confusing, but our experience can, however, help guide you through the process. Our firm’s founder, Michael Pines, is a former insurance company lawyer, so he knows how the other side works. If you want a fair settlement, then you should think about hiring an experienced personal injury lawyer from our San Diego law firm. We can help you get back money for all of your lost wages while also making sure that you’re compensated for your pain and suffering.
You shouldn’t have to worry about fighting insurance companies or even recovering what you lost in a work-related accident. That’s what we’re here for, to help you recover the maximum personal injury settlement with the least amount of stress.
If you or a loved one has suffered injury from work, we urge you to contact our bilingual offices as soon as possible following the accident at 1-800-655-6585 or please click here for a free consultation with an experienced personal injury attorney in San Diego. We handle all cases on a contingency fee basis, which means that you do not pay anything until we recover money on your behalf.
