Imagine you’ve sustained a work-related injury, and your doctor advises you not to work. Filing a workers’ compensation claim in California becomes imperative, requiring specific forms and information. However, your California employer is unwilling to provide the necessary claim form and information. In these circumstances, seeking assistance from a skilled workers’ compensation attorney is crucial to safeguarding your rights.

While California law mandates the ready availability of such information, many employers in the state either disregard these requirements or act uncooperatively. The refusal to cooperate may stem from various reasons. If you’ve reported a work injury, filed a workers’ comp claim in California, and encountered resistance from your employer in obtaining compensation benefits, you’re not alone. A proficient work injury lawyer in the Bay Area can guide you through the challenges you may face.

Ideally, workplace injuries are promptly reported for workers’ compensation. However, employers may fail to provide the necessary forms, neglect to report the injury, or deny treatment. Given the time-sensitive nature of compensation claims in California, delays in reporting can lead to serious complications. If your employer is attempting something unlawful, legal professionals to advise you on the steps to protect your rights.

Common Challenges in Workers’ Compensation Claims

Whether your employer provides workers’ comp insurance or is self-insured, they may dispute your compensation claim for various reasons. Even if the employer’s defense is questionable, claiming benefits for a workplace injury in California can be an uphill battle. Another challenge you may encounter is your employer mishandling or mismanaging your compensation claims, particularly in the initial stages. Cooperation from your employer is crucial during this phase, as delays or mistakes can disadvantage you and jeopardize your health.

Understanding Why Employers Deny Workers’ Compensation

Some insurance companies may routinely deny workplace injury claims, either for valid reasons or in the hope that injured employees will accept the denial without question. Common reasons for denial include failure to give timely notice, unwitnessed injuries, statute of limitations issues, discrepancies in medical records, presence of illegal substances in the system, or refusal to provide authorizations or statements.

Steps to Take When Your Employer is Uncooperative

In the event of a work injury, your legal right to receive adequate medical treatment is non-negotiable, even if your employer refuses to acknowledge the injury or provide necessary forms. Immediate medical attention should be your priority. If your employer withholds the claim form or medical treatment, involving the human resources department may help rectify internal mistakes.

If your employer fails to file a workers’ compensation form, contact the California Workers Compensation Board promptly. They will guide you through the correct filing process, usually involving form DWC 1. Seeking assistance from a San Francisco workers’ compensation lawyer can streamline the process.

In cases where your employer refuses medical treatment, using personal health insurance is an option, with potential reimbursement from workers’ compensation insurance later. Additionally, keeping track of mileage for medical appointments is crucial for reimbursement, and detailed medical records serve as vital evidence if your employer denies treatment.

Fighting Back Against Employer Refusal

California law mandates employer cooperation with employees in workers’ compensation matters. If cooperation is lacking or your employer obstructs the process, taking legal action to enforce your rights becomes essential. Seeking legal assistance is crucial for securing the benefits you deserve.

Contact WCWCA

The law offices of WCWCA, with attorney Brittany Huynh, specialize in workers’ compensation law in California, boasting over 20 years of experience. For a free consultation, call 415-218-5634 at any time.

Now, let’s delve into the intricacies of what workers’ compensation covers and, more importantly, what it doesn’t.

Defining a Covered Injury under Workers’ Compensation

Workers’ compensation defines a covered injury as one that arises out of and during the course of employment. This means that the injury must be directly related to your job, occurring while you’re performing your work duties or as a result of your work environment. Covered injuries can be physical or mental and can range from single incidents to chronic conditions that develop over time. To be eligible for workers’ compensation benefits, you must promptly report the injury to your employer and provide adequate evidence of its connection to your job.

In practical terms, this means you are entitled to compensation for any injuries sustained while executing work-related tasks at your place of employment. For example, if you work in a restaurant in San Francisco and slip while in the kitchen, you would likely be covered by workers’ compensation. Repetitive injuries resulting from work, such as carpal tunnel syndrome from repeated clutching and grabbing, also fall under the umbrella of workers’ compensation eligibility. For a comprehensive evaluation of whether your injury meets the criteria, it’s advisable to consult with a workers’ compensation law firm like WCWCA.

Types of Issues That Aren’t Covered by Workers’ Compensation

While workers’ compensation rules differ by state, there are certain situations in which injuries may not be considered as occurring within the scope of employment. In such cases, it’s essential to consult with a workers’ compensation attorney in the Bay Area for guidance. Let’s explore a few scenarios that typically fall outside the scope of workers’ compensation coverage.

Traveling to and From Work: The coming-and-going rule states that injuries sustained while traveling to and from work aren’t considered part of your employment. If you’re involved in an accident during your routine morning commute, workers’ compensation won’t cover it. However, if you use a corporate vehicle, lack a fixed place of employment, or were performing a work-related task, you may be eligible for benefits.
Leisure Activities: Injuries sustained during workplace social gatherings, like picnics, holiday parties, or happy hours, may or may not be covered by workers’ compensation, depending on specific circumstances. If your employer required your attendance or the event occurred on the employer’s property during business hours, there’s a higher chance of coverage. However, if the recreational activity was voluntary and for the employees’ benefit, compensation might be denied. The eligibility for workers’ compensation in these cases is fact-specific and should be discussed with a legal expert.
Substance Abuse or Addiction: Injuries resulting from an employee’s substance abuse or addiction are generally not covered by workers’ compensation. If, for instance, you fall from a ladder after consuming alcohol, your claim is likely to be rejected. However, if you can demonstrate that the accident was not your fault and could not have been prevented, you may still be eligible for compensation. It’s essential to consult with a Bay Area workers’ compensation attorney for a thorough assessment of your case.
Fighting and Workplace Horseplay: Workers’ compensation typically doesn’t provide coverage for injuries resulting from practical jokes or horseplay at the workplace, as these activities are considered outside the scope of employment. However, there are exceptions, such as when an employer allows such behavior or if you were an innocent bystander. If the altercation is related to your place of employment, you might still qualify for benefits.
In Conclusion

Workers’ compensation is a crucial safety net for employees, but it doesn’t cover all types of workplace injuries and issues. It may exclude incidents that occur outside the workplace, injuries caused by self-inflicted actions, and injuries sustained while under the influence of drugs or alcohol. Keep in mind that specific eligibility criteria for workers’ compensation can vary by state. To protect your legal rights, it’s advisable to consult with a qualified workers’ compensation attorney, such as those at WCWCA, to help you navigate the complexities of workers’ compensation law. These experienced professionals, including Brittany Huynh, are here to ensure you receive the workers’ compensation and reimbursement you rightfully deserve.

Demystifying Telemedicine in California

Picture this: you’re an average worker who’s been injured on the job, and the idea of traveling to various medical appointments in the congested San Francisco Bay Area doesn’t sound appealing. Enter telemedicine, a game-changer that’s transforming the way injured workers access medical care. But what’s the catch? Well, it’s vital to grasp that telemedicine adheres to the same rules and regulations as traditional in-person healthcare services in California. This includes areas like medical provider networks (MPNs) and the selection of treating physicians – no shortcuts here!

Employers in California are mandated to offer their employees access to a network of healthcare providers through an MPN. However, here’s where it gets interesting: if you had the foresight to pre-designate your doctor before your injury or if your employer’s MPN is considered inadequate, you have the right to choose your treating physician. This means you’re not just a passive player; you have a say in your medical care, empowering you in your journey to recovery.

Telemedicine: Convenience, But With Considerations

Now, let’s dive deeper into telemedicine itself. Imagine you’re dealing with an injury that makes traveling to a doctor’s office a Herculean task. Telemedicine is a breath of fresh air. It allows you to consult with a healthcare professional from the comfort of your own home, reducing the stress and costs associated with commuting.

However, like any technology, it brings its own set of unique considerations. Privacy and security become paramount when your medical information is shared through remote communication technology. It’s your right to expect that employers and healthcare providers ensure that all telemedicine services comply with state and federal privacy laws, such as HIPAA, to safeguard your sensitive information.

It’s also crucial to note that telemedicine may not be a one-size-fits-all solution. While it offers unmatched convenience and cost-effectiveness, certain injuries or medical conditions might require an in-person examination or diagnostic testing to ensure an accurate diagnosis and effective treatment. That’s why it’s pivotal to collaborate closely with a qualified medical professional who can assess your specific situation and determine whether telemedicine is the right path for your recovery.

Seizing the Benefits of Telemedicine

Despite these considerations, telemedicine remains a beacon of hope for injured workers in the bustling San Francisco Bay Area and beyond. It’s a lifeline that empowers workers to access the medical care they need without the cumbersome journey to physical clinics. This not only eases the burden on your wallet but also enhances the overall outcomes of your treatment.

If you’ve found yourself in the unfortunate position of being injured on the job, contemplating telemedicine for your medical care, partnering with a seasoned workers’ compensation attorney is your next step. Brittany Huynh and her accomplished team at WCWCA have an outstanding track record of helping injured workers secure the compensation and care they rightly deserve. With years of experience in the intricate field of workers’ compensation law, they possess the knowledge and expertise to guide you through the legal maze and secure the best possible outcome for your case.

In the dynamic San Francisco Bay Area, telemedicine is rapidly gaining traction in workers’ compensation cases, putting the power back into the hands of injured workers. While it does present its own unique considerations, it stands as a valuable asset for anyone seeking the medical care they need. If you’ve suffered a workplace injury, don’t hesitate to collaborate with an experienced workers’ compensation attorney like Brittany Huynh at WCWCA to ensure you receive the entitled benefits and medical care, all while minimizing the hassle and costs.

What is a Qualified Medical Evaluation (QME)?

A Qualified Medical Evaluation (QME) is a crucial element of the workers’ compensation process in California. It involves an impartial and independent medical evaluation conducted by
a physician certified by the state. The primary purpose of a QME is to assess an injured worker’s medical condition, the extent of their disability, and any work-related limitations they may have.

When is a QME Required?

In workers’ compensation cases, disagreements between the injured worker, their treating physician, and the insurance company regarding the extent of the injury or disability can arise.
When such disputes occur, a QME evaluation is necessary to provide an objective assessment of the worker’s condition.

What is the QME Process?

• Requesting a QME: If a dispute arises, either party can request a QME evaluation through the Division of Workers’ Compensation (DWC).
• QME Panel: The DWC provides a list of three QMEs from different medical specialties. Each party has the opportunity to strike one name from the list, leaving one physician to conduct the evaluation.
• Evaluation Appointment: The QME schedules an appointment with the injured worker to assess their medical condition and review relevant medical records.
• QME Report: Following the evaluation, the QME prepares a detailed report with medical findings, diagnosis, and opinions on the injured worker’s disability and work restrictions.
• Dispute Resolution: The QME’s report plays a significant role in resolving disagreements between the parties concerning the injured worker’s condition and appropriate benefits.

A Qualified Medical Evaluation (QME) is a critical step in resolving disputes over an injured worker’s medical condition and disability in California workers’ compensation cases. At
WCWCA we understand the significance of a QME in securing the best possible outcome for our clients. If you face a workers’ compensation dispute, seeking a Qualified Medical Evaluation could be vital in protecting your rights and securing the benefits you
deserve. Seeking the right kind of Qualified Medical Evaluator makes or breaks the benefits you deserve.

At the law offices of West Coast Workers Comp Attorney, we concentrate our legal practice in the area of workers’ compensation law in California, and we have more than 15 years of experience in this field. You can call us at 415-218-5634at any time for a free consultation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.

Under the California workers’ compensation system, you have the right to choose your own PTP (Primary Treating Physician) if your employer does not have a Medical Provider Network (MPN). If your employer has an MPN, you must choose a doctor from the network. It’s important to note that the PTP you choose can have a significant impact on your workers’ compensation claim.

For example, if your injury is not properly diagnosed or treated, you may not recover as quickly as you should. This can result in a longer recovery period, more time off work, and higher medical expenses. On the other hand, if you choose a PTP who is experienced in treating work-related injuries and who is familiar with the workers’ compensation system, you’re more likely to receive the proper treatment and care you need to recover. A carefully chosen PTP will have sufficient knowledge and a good staff to complete proper paperwork and process treatment requests properly.  This is crucial in providing care to injured workers.

In addition, choosing the right PTP can also affect the outcome of your workers’ compensation claim. The PTP’s medical reports and opinions will be used to determine the extent of your injury and the amount of compensation you’re entitled to receive. If your PTP is not familiar with the workers’ compensation system, or is not experienced in treating work-related injuries, they may not provide the necessary information to support your claim. Additionally, PTP will not understand how to fight for treatment authorizations on your behalf.

If disputes arise over the extent of your disability, you may need an evaluation from a Qualified Medical Evaluator (QME) or a Medical-Legal Evaluator (MLE). A QME is an independent physician certified by the state of California to perform medical evaluations in workers’ compensation cases. An MLE is a medical evaluation used to resolve disputes over the extent of your disability. It’s important to have an experienced attorney to help you choose the right evaluator, and to ensure that you receive a fair evaluation and the compensation you’re entitled to.

Choosing the right PTP and navigating the workers’ compensation system can be complicated. That’s why it’s essential to have the right representation to ensure that you receive the benefits you’re entitled to.

At WCWA, we understand how stressful and overwhelming a work injury can be. That’s why we offer personalized legal services tailored to your unique needs. If you just suffered and injury at work, and wondering what’s next, download our free checklist to make sure you don’t miss a thing. Whether you need help choosing a PTP or appealing a denied claim, we’re here to help. Contact us today to schedule a consultation with Brittany Huynh and learn more about how we can assist you with your workers’ compensation claim.

Permanent work restriction refers to workers’ inability to perform tasks permanently due to their bodily conditions.. The assessment of modified work on a permanent basis is different that modified work on a temporary basis.

In this article, we’ll look at the differences in the offers of workplace requirements for workers with temporary or permanent disabilities and how it affects their work performance. Let’s move down below to discuss these factors.

Importance of Permanent Work Restrictions

Due to the rules and regulations created by California’s Worker’s Compensation law, the work restrictions and limitations after an injury is no longer used to calculate permanent disability. After adopting the AMA guides, impairment is now used to calculate permanent disability. Nonetheless, employers will still use permanent work restrictions to assess whether or not a worker can come back to the usual and customary job and/or a permanent modified/alternative job. This process and assessment takes place after an injury has plateaued and permanent restrictions are given by doctors.

What to do During Period of Temporary Work Restrictions

Right after an injury, workers must report their injury immediately or a few days after the incidents have occurred. The sooner it is reported, the better it is. The next step after the worker has reported their injury is to file a worker’s compensation claim. Once the worker is seen by a doctor and temporary restrictions are issued the employer can either accommodate those restritions temporarily or not. If not the worker must be paid temporary disability by the adjuster.

These restrictions may only last several weeks, months, or years; the reason behind receiving compensation during that timeline is due to work not aggravating the existing injury or their ability to recover from those injuries.

Proof from a medical practitioner regarding the worker’s inability to work is essential to ensure that the worker gains temporary disability benefits. The worker CANNOT just call in sick or not show up for work when the employer has offered modified work. If they do they will not be entitled to temporary disability pay under California Law.

Permanent Disability Work-Related Injury Restrictions

In most cases, the compensation case doesn’t stop workers from working unless their injury is so severe that it causes an inability to perform regular work tasks. Maximum Medical Improvement (MMI) is a doctor’s determination that the condition has plateaued and permanent restrictions may result.

Permanent partial or total disability has monetary value attached to it under California Law.

Conclusion

If you’ve sustained a work-related injury, it is highly advised to immediately report it to the employee and hire a lawyer to guide you through the necessary steps to get the best out of the compensation wages during the both periods of temporary and permanent work restrictions.

We at West Coast Worker’s Compensation Attorney (WCWCA) can help you with any compensation case. You should contact our law office for professional advice and information regarding your situation.

Reference

https://www.nasi.org/learn/workers-compensation-disability/types-of-workers-compensation-benefits/#:~:text=Permanent%20total%20disability%20(PTD)%20benefits,or%20her%20ability%20to%20work.

https://legalaidatwork.org/factsheet/workers-compensation-permanent-disability-benefits/

https://www.dir.ca.gov/dwc/PermanentDisability.htm

However, determining whether you were acting within the legal scope and course of employment can be tricky. The complexity is the result of too many different factors, positions, and countless tasks that can occur at your workplace at any given time.

One such complication is when you are an employee and sustain an injury while on a break. So, if you have suffered an injury during a break or lunchtime and wonder whether you are eligible to file for compensation, this post is for you.

Illness and Injury Suffered on a Break

Let us suppose you are going about with your daily routine at your workplace and sustaining an injury during your lunch break. You will naturally ask if workers’ compensation will cover your expenses because, technically, you were not performing your job duties. You were in a cafeteria having lunch.

The answer to this question is not straightforward and depends on myriads of elements that led to your accident or injury during the break time. Over many years of contemplation, the justice system in the state of California has applied different rulings to different scenarios.

Scenario 1

For example, you are an hourly paid worker who sustained an injury while taking an uncompensated break off your employer’s premises. In this case, you were not working within your scope of employment. Therefore, you will not be eligible to file a claim for injury via workers’ compensation benefits.

The reason for ineligibility is that Californian courts imply that during the break time of an hourly paid employee, the relationship between employer and employee is under a suspended state. If the employee is only getting paid on an hourly basis without any pay for the break times and sustains an injury during that time off the employer’s premises, there will be no compensation.

Scenario 2

This scenario deals with the employees who work on weekly or monthly paid salaries. In this case, whether you are on a break or not, if you were on a break and sustained an injury, the law will count it as a business-related break and consider that you were working within your scope of employment.

The reason for eligibility in this scenario is that according to California courts, a salaried employee who gets compensation or paid during break or rest period maintains an employer-employee relationship at all times. Therefore, it is logical to say that because the employer agrees to pay an employee to be on a break, all other employment terms and conditions, including workers comp benefits, will apply.

So, if you are a salaried worker at an employer and sustained an injury while you were on a break, you will be able to file a claim for the workers’ comp to cover your medical bills.

Exemptions

Typically, any injury that occurred while you were off the company’s premises while on a break would not enjoy any coverage under workers’ compensation. Accidents occurring during and off the premises lunch breaks usually fall under the category of “coming and going” exclusions.

This also means that the workers’ compensation benefits do not cover any injury an employee suffers from while commuting to and from work. There is an exception if you were off the premises for a job-related errand and met an accident causing injuries. Your workers’ compensation benefits will have to step in and cover the costs for treatment and other medical-associated bills.

Let us suppose that you were out buying office supplies at a warehouse and sustained an injury. In this case, carrying out your employer’s task and being in a warehouse to fulfill your job duty resulted in an injury. Therefore, your employer should extend the workers’ comp protection and must cover your medical healthcare cost.

Another example of covered injuries while on break is if your employer asked you to carry out tasks away from the premise or if you were having a business lunch with a client and sustained an injury. In either case, you should be eligible for a workers’ compensation plan.

Legal Assistance for Claims of Injury on a Break

If you are an employee of a company operating within California and your employer has denied a claim for an injury your sustained while you were on break from work, we at WCWCA can help. Such cases can be really complex, and you will need the assistance of our lawyer with years of experience in the workers’ compensation law in the state of California.

Want to know more? You can contact us for a free consultation about the value of your compensation claim. Call us on 415-218-5634.

Reference URLs

https://bit.ly/3OblIh1

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https://bit.ly/3mISFWv

]]> https://wcwca.com/can-you-start-a-new-job-while-receiving-workers-compensation-benefits/ Thu, 10 Feb 2022 08:41:00 +0000 https://wcwca.com/?p=874 Have you suffered from a work-related injury and considering a career change or looking for a new job? Well, you are not alone as many employees in similar situations have the same thoughts at one point or another.

Sometimes, an accident or an injury can trigger a need within you to look for a new job in a lower-risk industry. Furthermore, you may consider a career change, especially your injury prevents you from performing your job tasks as before.

With such as injury, you will most likely be receiving workers’ compensation benefits, and the logical question for you to ask is, “can I start a new job while receiving workers’ compensation benefits.” This post will help you understand the how, ifs, and buts related to working while receiving benefits.

Reasons to Change Jobs after Injury

There can be myriads of reasons why you may want to change jobs after injury while receiving workers’ compensation benefits from your employees. However, the two most likely scenarios include:

• You found a new job that is less demanding but pays the same amount and meets your doctor’s recommended limit of physical exertion your body can bear.

• You found a new job that may pay less, but it enables you to move forward while meeting your doctor’s recommended limit of physical exertion your body can bear.

In the case of either scenario mentioned above, your eligibility to receive partial workers’ compensation benefits will stay intact.

What Happens to Your Benefits When Changing Jobs?

The good news is that you have the legal right to change your jobs whenever you like, even when receiving workers’ compensation benefits from your current employer. However, certain laws are applicable, and your decision to switch to a new full-time job or take on secondary work may impact the amount of your benefits.

Therefore, if you are considering changing job or taking on additional employment, you must understand the following:

• Your benefits do not cancel just because you changed jobs

• Your benefits do not cancel in case you accept a light-duty position with a reduced salary

• Your benefits do not cancel just because you take on a different job with a lower pay-grade

That said, when you do switch jobs while receiving benefits, it is imperative for you to understand that this decision may impact the amount of the benefits you continue to receive in the future. So, you will still receive your workers’ compensation benefits, but the weekly pay rate you receive will not be similar to when you first started receiving the benefits.

Additionally, if your new employer or job pays you the same salary that you received in your previous employment, your benefits will cease.

Taking on a Secondary Part-time Job

It is common for an injured employee to consider taking on an additional part-time job to meet their financial gap. This gap results from the difference between their previous salary and workers’ compensation benefits.

However, as you start earning additional income, the amount of your workers’ compensation benefits will start reducing. It is very important for you to remember that if you start an additional job, get a salary, and do not report this stream of income while continuing to receive workers’ compensation benefits, you will be committing insurance fraud.

Things You Must Consider Before Switching to a New Job

There can be various reasons, both personal and financial, that may encourage or push to look for another job. However, you need to remember that this action comes with certain possible risks and downsides as well. Two of the most prominent ones are as follows:

• If you decide to go back to work before you have fully recovered, this will put you at risk of reinjuring yourself.

• If you decide to return to work too early, this may hurt your recovery and prevent you from a full recovery.

Another important aspect you must remember is that your current employer is not under any legal obligation to hold your job position for you. So, there is a chance that by the time you fully recover from the injury, your job may no longer be available. Additionally, your current employer is also under no legal obligation to offer you an alternative position or job role.

Do You Have a Clearance For Light-Duty Work?

If your doctor declares that you are fit to go back to work and believes that this will not risk your recovery progress by doing so, this is a good opportunity for you to move forward. Continuing you receive a partial wage for an extended period of time can put you in a serious financial crisis.

In your defense, if you do not feel fit to go back to work for physical or psychological reasons, it is best to speak to your doctor. You have to remember that any negligence or hurry to go back to work can put your health at risk, or it may aggravate your injury.

West Coast Workers’ Compensation Attorney

If you sustained a work-related injury and eagerly wish to start a new job, it is best for you to settle your workers’ compensation case prior to starting new work. If you are receiving Permanent Partial Disability or Temporary Partial Disability, you can seek new employment and continue receiving your workers’ compensation benefits.

We at West Coast Workers’ Compensation Attorney (WCWCA) can assist you with any type of workers’ compensation case. Contact our law office if you are looking for an attorney with expertise in workers’ compensation benefits.

Reference URLs

https://bit.ly/3oewusp

https://bit.ly/3uc1fSt

https://bit.ly/3AINxHU

https://bit.ly/3s1s6Ot

https://bit.ly/33WSYax

It is important to know that workers may have to go through an entire legal and medical process before they can receive the compensation they are owed, and these things can take a lot of time. This article covers everything you need to know about permanent disability in worker’s comp.

What Constitutes a Permanent Disability in Worker’s Comp?

A permanent disability is when you suffer from an illness or work-related injury, and you are unable to fully recover from the condition, even though the recommended recovery time period has passed. Permanent disability is often discovered or identified when the doctor examines the worker after the time period has passed and they still complain of experiencing the symptoms associated with the illness or injury.

When it comes to permanent disability with regards to worker’s comp, it refers to a clause that entitles workers to be paid for their inability to earn money for a long period of time. It is different from temporary disability, which hinders workers from working for a shorter period of time. Permanent disability is gauged as a percentage of the worker’s ability to perform the tasks related to their job, and the percentage ranges from 0 to 100.

If a worker qualifies for permanent disability benefits, they receive bi-weekly payments, paid up to the amount determined or agreed upon.

Types of Permanent Disability

There are a few different types of permanent disability that a worker can qualify for, and they also differ in the benefits. Moreover, these types are determined according to the permanent disability percentage.

Permanent Partial Disability

A permanent partial disability is determined when the worker has a disability rating below 100%, and partially disabled workers are entitled to a certain amount paid weekly. However, the higher the rating is, the more the number of weeks for which the worker is paid. Therefore, if the rating is higher, the more money is paid to the worker.

Permanent Total Disability

As you can guess, a permanent total disability applies to a worker who has achieved a 100% permanent disability rating. This makes the worker entitled to weekly payments that are set according to the temporary disability rate, and these payments continue for the rest of the worker’s life.

Life Pension

If the worker disability rating lies between 70% and 99%, the worker may also be entitled to a life pension, which begins once the worker has received all of their weekly payments. This allows them to receive a compensation for the rest of their lives due to their higher level of disability.

How is Permanent Disability Calculated?

Since worker’s comp changes from state to state, the calculation formula for permanent disability also differs. The general formula involves the permanent disability rating, along with a dollar value, and this figure is spread out over a certain number of weeks.

The calculation of permanent disability depends on the medical condition report, which is generated by the medical evaluator. The other factors include the date of injury and the worker’s age, occupation, level of disability caused by the job, and the reduced capacity of earning in the future. Once the percentage is determined that number then correlates to a certain dollar value established by law.

For instance, if a worker has a permanent disability of 10%, their permanent disability rate is $300, and they get four weeks of payments for each percentage point, this means that they will get 40 weekly payments and a total amount of $12,000.

Once all the calculations are made, the worker will have to wait until they move from temporary disability to permanent disability, because that is when the payments start. The law is in place to protect workers with several job types to be able to receive a stable income, especially if they have a life-threatening injury that impairs their ability to continue working.

If you, or someone you know, is injured and wants to apply for permanent disability benefits, the first step is to be treated by a doctor that would evaluate their case fairly.

Unfortunately, many California employers make matters worse by resorting to intimidating or coercive tactics in order to discourage their workers from filing workers’ compensations claims. However, you should know that if your employer engages in coercive or intimidating tactics against you if you are filing a claim for workers’ comp benefits, their behavior may be considered illegal.

California’s workers’ compensation system allows employees to recover a sum of money in order to help with medical bills and various living expenses, such as utility bills, while they are away from their job. Unfortunately, some employers in California punish their workers for using this system. But doing so is retaliation, and is illegal.

What is Workers’ Compensation Retaliation?

Keep in mind that retaliation happens when your California employer punishes you for engaging in any legally protected activity. For example, legally protected activities include many things, such as reporting harassment or discrimination, requesting accommodation for a religious practice or disability, and filing a workers’ comp claim.

You should know that to protect injured employees, California worker’s compensation laws prevent employers from discriminating against or terminating a worker for filing a claim for a work-related injury. Did you know that workers’ compensation discrimination laws are present in Labor Code section 132a?

According to the law, any California employer who discharges, or threatens to discharge, or discriminates against any worker because the worker has filed or intends to file a claim for workers’ comp with the employer is guilty of a misdemeanor.

Note that because of the employer’s actions, you can receive:

• Costs and expenses of up to $250

• Reimbursement for any lost wages as well as work benefits caused by the actions of your employer

• Increased compensation up to $10,000

Why Employers Retaliate

Similar to other kinds of insurance, an increase in total worker’s comp claims usually leads to a higher total cost of coverage for your employer. This is why employers faced with the unpleasant prospect of increasing insurance rates might be tempted to retaliate against workers filing for worker’s compensation benefits.

It is worth noting that this retaliation can take the form of employee termination, pay cuts, demotion, poor performance reviews, and unwarranted disciplinary actions.

Types of Workplace Retaliation

Keep in mind that an employer who has grown resentful of a worker who used workers’ compensation benefits might try various approaches in order to get rid of the worker.

It is worth noting that if the employee can be persuaded to resign or quit, it is often much easier to cut down workers’ compensation benefits. Therefore, some employers will take steps to make the employee’s job unpleasant. This is retaliation and illegal.

Some common techniques to achieve this include the following:

• Demoting the employee

• Not making reasonable accommodations to the employees’ medical limitations

• Placing the employee in a menial, tedious, dull, or unpleasant job

• Assigning the employee to overnight shifts

Proving Employer Retaliation in California

You will be happy to know that employees are legally protected against retaliation in California, provided that their worker’s comp claim was truthful as well as filed in good faith.

However, note that an employee needs more than just a bad feeling about an adverse action in order to prove retaliation. For example, documentation in the form of letters, emails, and voicemails offers the strongest evidence; however, verbal statements may also incriminate a California employer.

Did you know that body language, timing, inconsistent behaviors and mood changes, and falsified evidence may strengthen your retaliation case? Also, keep in mind that if an employer doesn’t have a firm and reasonable legal reason for taking action, you may pursue various retaliation actions.

To win your employer retaliation claim, you must prove that the retaliatory action, like demotion or termination, resulted from your workers’ compensation claim. In order to do so, you may have to show that:

• You were entitled to receive workers’ comp benefits

• You filed for your workers’ compensation benefits

• You suffered or faced an adverse employment action

• Your employer was motivated by your workers’ compensation claim in order to impose the adverse action.

Get Help from an Experienced and Capable Workers’ Compensation Attorney

Workers’ compensation claims in California can be difficult and complex to navigate, particularly if your California employer is fighting your claim or retaliating. If you think that your California employer has engaged in retaliation after you suffered an on-the-job injury and filed your claim, West Cost WC attorney is here to help.

If you want to discuss these issues, please contact our office for a free consultation. Hiring an experienced and competent workers’ compensation attorney is invaluable in making sure that you are fully compensated for your loss.  Getting help from a competent West Cost WC attorney can help you make sure that you receive all of the benefits you are entitled.

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