If you've been injured at work, you need to know what support is available during your recovery. California's workers' compensation system provides four main types of benefits when a claim is accepted.
Temporary disability benefits replace your wages while you're unable to work due to your injury. You'll receive checks every two weeks, each paying two-thirds of your Average Weekly Wage (AWW).
California law calculates your AWW using different methods depending on your work situation. Regular full-time workers see their AWW calculated as the number of working days per week times daily earnings at the time of injury. If you held multiple jobs when injured, your earnings from all employment are combined. Workers with irregular pay have their earnings averaged over a period that may extend up to one year. For part-time workers, the calculation uses 100 percent of what reasonably represents average weekly earning capacity, considering all income sources.
One critical detail: your AWW is based only on your wages, not on benefits packages. Even though many union workers enjoy valuable benefits, these aren't counted in the calculation.
Temporary disability comes with one strict limitation — you cannot earn income while collecting these benefits. Working while receiving temporary disability payments will create complications in your case and may jeopardize your benefits entirely.
Your workers' compensation coverage includes medical treatment for your work injury. Treatment typically must occur within the insurance company's Medical Provider Network, a group of approved doctors and facilities.
All treatment requests go through a process called Utilization Review. The insurance company's medical staff reviews the treatment your doctor recommends. While this oversight process is intended to ensure proper care, it also means that some treatment requests may be delayed or denied. Workers facing treatment denials usually cannot go to court to challenge these decisions, which significantly limits your options.
Once you've healed as much as possible from your work injury, you may have lasting impairment that qualifies you for permanent disability benefits. This reflects damage that will remain regardless of your ability to work.
Most workers receive $290 per week in permanent disability payments, paid biweekly. A doctor provides a disability rating that reflects the extent of your permanent impairment, and this rating determines your specific benefit level. For example, a 20% disability rating is equivalent to 75.5 weeks, or $21,895 in benefits.
Permanent disability benefits differ from temporary disability in two important ways. The payment amount is typically lower, and you can work while receiving permanent disability payments. This distinction allows you to return to employment while still receiving compensation for the lasting impact of your injury.
If you receive a permanent disability rating and your employer doesn't offer to bring you back to work on a permanent basis within the required timeframe, you become eligible for a retraining voucher. Formally called the Supplemental Job Displacement Benefit, this provides up to $6,000 in reimbursements for tuition, books, tools, and computer equipment.
Every injured worker who receives this voucher can also apply for California's Return-to-Work Supplement Program, which provides a $5,000 one-time payment. Together, the voucher and supplement offer up to $11,000 in support for your career transition.
Every case involves specific details and circumstances. If you've been injured at work and have questions about your benefits, call us at (415) 495-7800 for a free consultation.
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