As an employee in the state of California, if you are injured while performing your job, you are entitled to benefits. These benefits cover your medical bills, rehabilitation costs, and lost wages if you need to take time off to recover. Depending on the severity of your injury, you might be entitled to temporary disability benefits or permanent disability benefits.
If your disability is permanent, this means you are no longer able to go back to work. For example, if you lost a limb in a construction work accident, you may no longer be able to work in construction after sustaining your injury. These benefits will last for the rest of your life. However, permanent disability is determined on a scale from 0% to 100%, with 100% permanent and total disability cases ones that make it impossible for the injured worker to be employed in any capacity. Once permanent disability has been established, the employee is entitled either to an award of permanent disability, which is paid in weekly amounts with medical care, or compromise and release, which is a lump sum payment with no further medical care provided by the insurance company.
Temporary disability is a benefit paid while you are off work and healing from the effects of an injury or surgery. Temporary disability is usually the first benefit you receive. This benefit is usually not paid for more than 2 years. However, if you suffer a severe injury requiring a more extensive medical treatment and multiple surgeries, the benefits will continue until you can return to work, your two years expire, or your condition becomes “permanent and stationary.”
If you are worried treatment for your injury will progress past 2 years, you can apply for state disability. Make sure to apply as soon as possible, because there is a statute of limitations for these benefits. State disability will take over payments for your medical care and lost wages when your temporary disability runs out. This type of disability may give you another full year of benefits.
There is also Social Security Disability, which can be used for serious ongoing injuries/ disabilities. For example, cancer sustained on the job could take years to fight and recover from. The federal government offers Social Security Disability Benefits for as long as you qualify, which could be several years until you fully recover.
If you’ve been injured on the job and you need to apply for workers’ compensation, don’t hesitate to talk to our skilled San Jose workers’ compensation attorneys. The Law Offices of Andrew B. Shin can offer you experienced attorneys who are familiar with the workers’ compensation process. Applying for benefits can be a complicated process, particularly if the insurance company attempts to deny your claim, and many families just don’t have the time or the financial resources to fight this battle on their own. We have more than 25 years of legal experience to offer your case. Let us see what we can do for you.