Frequently Asked Questions About Workers’ Compensation Benefits In Southern California
There is a lot of confusion about workers’ compensation benefits. Below are four questions that our clients frequently ask when meeting with us.
Am I Eligible For Benefits?
If you are a regular employee and suffer a work-related injury or illness, your employer must provide workers’ compensation benefits.
Independent contractors generally are not eligible for workers’ compensation benefits. However, employers will sometimes misclassify their regular employees as independent contractors to avoid having to provide workers’ compensation benefits. If you are in this situation, you should speak with an attorney to see whether you are eligible for compensation.
How Much Will I Receive?
Injured workers who qualify for workers’ compensation benefits will typically receive two-thirds of their gross income in temporary disability benefits, up to a maximum of $1,172.57 a week in 2017. The lowest amount of benefits you may receive is $175.88 a week.
Depending on the circumstances of the injury, you may receive the following benefits:
- Medical expenses
- Short-term disability benefits
- Long-term disability benefits
- Supplemental job displacement vouchers
- Death benefits for fatal accidents
Can My Employer Fire Me For Filing A Workers’ Compensation Claim?
It is illegal for employers to fire or retaliate against a worker that files a workers’ compensation claim. Additionally, employers cannot discriminate against an employee if their injury results in a disability.
What If My Claim Is Denied?
If your workers’ compensation claim was denied, you can request a hearing with the Workers’ Compensation Appeals Board. Working with a lawyer who will defend your rights during the hearing can help increase the chances of a positive outcome.
You’ve Got Questions. We’ll Make Sure They’re Answered.
Navigating California’s workers’ compensation system can be challenging. Work with an attorney who is a board-certified workers’ compensation specialist to guide you through the process every step of the way.