Workers' Compensation

Death Benefits

If an employee is killed on the job, or dies from a heart attack or other disease found to be caused or aggravated by work, the surviving spouse, minor children or other dependents may be entitled to receive benefits. Dependents who are good faith members of the household also may be eligible for benefits, even if not legally married. These benefits are substantial, especially for families with several dependents. It is one of the most overlooked benefits available to family members of employees whose job contributed to their death.

If the job-related injury was not the main cause, but contributed to the death, a dependent spouse and children still may be entitled to full death benefits. Even survivors only partially dependent on support of the deceased worker may be eligible. There is also an allowance for reimbursement of burial expenses.

The Statue of Limitations generally requires that death claims be filed within one year of the date of death, and no later than 240 weeks from the date of the injury. However, there are several important exceptions to this rule. Individuals who feel they may be entitled to this benefit should consult an attorney.

Medical Care

You are entitled to reasonable medical care needed to cure or relieve the effects of a work-related injury or illness. If appropriate, the Workers Compensation Appeals Board (WCAB) may award lifetime medical care for a work-related medical condition.

Care can include doctors, hospitals, chiropractors, nurses, medicine, braces, canes, hearing aids, as well as any necessary and reasonable care ordered by a doctor.

Under California's Workers' Compensation law, "doctor" includes physicians and surgeons, psychiatrists, psychologists, optometrists, dentists, podiatrists, osteopathic and chiropractic practitioners licensed by California state law.

Workers' Compensation also provides for reimbursement for transportation to medical treatment and pharmacies.

Permanent Disability

If you suffer a work-related injury or illness resulting in permanent symptoms, loss of function, or diminished future earning capacity, you have a Permanent Disability and may qualify for Permanent Disability benefits.

These weekly payments are based on a percentage rating of the injury, which attempts to measure a person's loss of ability to compete in the job market. The Permanent Disability rating establishes the amount of the award and the length of time benefits will be paid. Employees may still be eligible to receive this benefit even after returning to work. These benefits are non-taxable.

Doctors are now required to apportion to causation of permanent disability and injured employees must now disclose previous disabilities upon request. Employers are liable only for the portion of permanent disability caused by the workplace injury. A prior compensable injury is now presumed to exist at the time of a subsequent injury. Total awards may not exceed 100% for any one region of the body.

For more information, see the DWC Permanent Disability Fact Sheet.

Vocational Rehabilitation Benefits

Vocational rehabilitation is available (until January 2009) for injuries before Jan. 1, 2004.

Vocational rehabilitation is abolished for injuries after Jan. 1, 2004, except for limited educational vouchers, significantly reducing return to work assistance through workers’ compensation