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Your Workers' Rights When Filing for Workers' Compensation


Nobody ever expects to suffer a sudden work-related injury. Along with the pain and resulting mountains of medical bills, being injured can force a person to spend valuable time away from work and create further financial struggles. Fortunately, injured workers may pursue financial benefits under their employer’s workers’ compensation insurance to help cover these costs until they are able to get back on their feet.

With that being said, recent changes in legislation throughout the nation have brought a major shift against injured workers and made it even harder for decent people and their families to recover from an unexpected occupational illness or injury. As such, it is imperative that injured workers understand their rights in order to protect themselves against mistreatment from employers or insurance companies.

If you have been injured on the job in California, your rights as a worker are as follows:

  1. Medical compensation: You have a right to receive tax-free compensation for all medical expenses and out-of-pocket costs related to your injury, including:
    • Medical evaluations
    • Medical treatments
    • Surgery
    • Prescription drugs
    • Medical aid devices
    • Transportation costs to seek treatment
  2. Temporary disability: You may receive temporary disability payments up to two-thirds of your average weekly wage for up to two years after your date of injury. If you suffer from any of the following conditions, this time limit is extended to 240 weeks:
    • Hepatitis B or C
    • HIV
    • Amputation
    • Extensive burns
    • Chronic lung disease
    • Pulmonary fibrosis
  3. Permanent disability: You may receive permanent disability payments if your injury or illness permanently affects your ability to return to your former occupation. Depending on the extent of your injuries, your age, and your occupation, you may receive permanent disability payments for anywhere between 4 weeks to 14 years.
  4. Vocational retraining: If your injuries prevent you from returning to your previous job and your employer does not offer you an alternative or modified position, you may pursue Supplemental Job Displacement Benefits to help you receive vocational retraining. These benefits come in the form of a $6,000 voucher to be used for educational-related expenses at certain schools throughout the state.
  5. Death benefits: If you should be killed by a work-related accident or illness, your spouse and dependents may seek death benefits under workers’ compensation to cover your final expenses, such as burial costs.

Injured? Contact Alvandi Law Group, P.C. Today

While the benefits offered under workers’ compensation may be invaluable, the process of actually receiving them can be an uphill battle. At Alvandi Law Group, P.C., our Orange County workers’ compensation lawyers have recovered more than $300 million on behalf of injured workers and can provide the steadfast legal guidance you need to maximize your eligible compensation.

Call (800) 980-6905 or fill out an online form today to find out more about how we can help you pursue justice.

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