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After suffering a workplace injury, you may be curious about your legal options for recovering compensation. Depending on the circumstances of your case, you may be able to recover compensation through a workers’ compensation claim.
At Aegis Law Firm, our Los Angeles workers’ compensation attorneys are here to guide you through the entire process, advocating for your rights and ensuring you receive fair and just treatment. To arrange a free consultation today, call (949) 379-6250 or message us online.
Workers’ compensation benefits are generally not equivalent to your full salary. In California, temporary disability benefits, which compensate for lost wages while you are recovering from a work-related injury, are generally set at around two-thirds (66.67%) of your pre-injury average weekly wage.
However, there are statutory maximum and minimum limits on these benefits, which can change each year. For example, the minimum and maximum temporary total disability (TTD) rates increased on January 1, 2023. The minimum TTD rate increased from $230.95 to $242.86, and the maximum TTD rate rose from $1,539.71 to $1,619.15 per week.
In addition, workers’ comp benefits are not taxable by the State of California or the federal government. So while the benefits may not be equivalent to your full salary, the net amount you receive may be closer to your take-home pay compared to your regular wages, which are subject to income tax.
Workers’ compensation benefits in California include the following:
Injured workers are entitled to receive medical treatment that is reasonably necessary to cure or relieve the effects of their work-related injury or illness. Medical treatments can cover doctor visits, physical therapy, hospitalization, surgeries, medications, and other medical services.
Injured workers are often entitled to reimbursement for travel expenses related to medical appointments or treatment. The current rate for mileage reimbursement is a rate of 65.5 cents per mile.
If an injured worker is unable to work while recovering, they may be eligible for temporary disability benefits. These benefits provide a portion of the worker’s lost wages during the time they are unable to work.
In some cases, injured workers may receive vocational rehabilitation services to help them return to suitable employment if they cannot continue in their previous occupation due to the injury or illness sustained in the workplace.
The injured worker may be entitled to permanent disability benefits if an injury or illness results in a permanent impairment. The amount of permanent disability benefits depends on the severity of the disability and the impact of the injury or illness on the worker’s ability to work.
Severely disabled workers (70%+ disability rating) may receive a small weekly payment for the rest of their life in addition to permanent disability benefits.
Surviving dependents of the deceased worker may be entitled to recover death benefits. These types of benefits are intended to compensate the family for the loss of financial support they had from the deceased employee.
Aegis Law Firm has extensive experience of almost 20 years in handling a wide range of workplace injury cases. We have recovered millions in settlements and verdicts on behalf of clients.
You can count on our Los Angeles employment attorneys to fight for your rights when others won’t.