It is very common for a person to suffer an injury at work. Last year, there were nearly 170,000 initial workplace injury reports just in Los Angeles County. Across the state of California, there were about 700,000 workplace injury reports.
These workplace injuries can happen anywhere, but often occur in jobs that require manual labor. For example, construction workers and waste disposal workers frequently get hurt while on the job. If a person suffers an injury at work, they are almost always eligible for financial workers’ compensation benefits. This is true even for undocumented workers.
Here are the three main types of benefits an injured worker might receive.
1. Your Medical Bills
If you are injured at work, you will probably need some type of medical care. This could include:
- An emergency room visit
- Doctor appointments
- Medications
- Physical or occupational therapy
Under the workers’ compensation system, your employer will usually be required to pay for medical treatment related to your work injury.
Expanded Medical Care Attributes
California law mandates that injured workers receive all reasonable and necessary medical treatment, including:
- Diagnostic tests (MRIs, X-rays, bloodwork)
- Surgical procedures (if prescribed by a doctor)
- Follow-up specialist visits (e.g., orthopedists, neurologists)
- Durable medical equipment (braces, wheelchairs, ergonomic chairs)
- Mileage reimbursement for medical visits
Treatment must be provided within a Medical Provider Network (MPN), unless you have pre-designated your physician before the injury.
Additionally, utilization review (UR) and Independent Medical Review (IMR) processes govern whether treatment requests are approved.
2. Some of Your Lost Wages
If you are injured at work and cannot do your job, you might be worried about your income. If your workers’ compensation claim is approved, you might receive some of your wages while you are recovering. This is called temporary disability benefits.
You will not receive your full paycheck. Instead, workers’ compensation will generally pay two-thirds of your normal wages. When your doctor says you are recovered or can work again, then you will stop receiving these lost wages payments.
Deep Dive into Wage Replacement (Temporary Disability Benefits)
There are two types of temporary disability benefits:
- Temporary Total Disability (TTD): When you cannot work at all.
- Temporary Partial Disability (TPD): When you can work part-time or on modified duty.
Key Attributes:
- Benefit Duration: Paid for up to 104 weeks within 5 years of the injury date.
- Payment Frequency: Every 2 weeks after the initial waiting period.
- Waiting Period: There’s a 3-day waiting period, unless hospitalized or disabled for 14+ days.
Benefits are based on your Average Weekly Wage (AWW) at the time of injury, and are subject to minimum and maximum weekly caps set by the California Division of Workers’ Compensation (DWC).
3. Permanent Disability Payments
Some workplace injuries are very bad. These injuries might cause health problems for the rest of that person’s life. If you suffer a long-term injury like this, you might qualify for permanent disability benefits. This means you will be paid a specific amount of money for a predetermined length of time. It very likely will not make up for all of your lost income. However, it provides some financial support.
Understanding Permanent Disability Ratings
Your Permanent Disability (PD) rating is determined by:
- The percentage of impairment
- Your age
- Your occupation
- Apportionment (whether any part of your disability is due to a previous injury or condition)
This rating is then used in a formula that calculates how much you’ll receive in weekly payments, and for how long.
In some cases, you may receive a lump-sum settlement, especially if you resolve your case through a Compromise & Release (C&R).
Additional Types of Workers’ Comp Benefits
Beyond medical treatment and wage replacement, California workers’ comp may also provide:
Vocational Rehabilitation
If you cannot return to your prior job, you may be eligible for a Supplemental Job Displacement Benefit (SJDB), which includes:
- A $6,000 voucher for job retraining or skill certification.
- Training at approved schools.
- Payment for exam fees, books, tools, and career counseling.
Death Benefits
If a worker dies due to a job injury, their spouse, children, or dependents may receive death benefits, including:
- Burial expenses (up to $10,000)
- Weekly payments based on the worker’s earnings
What Is the Workers’ Compensation Claim Process?
Step-by-Step Overview:
- Report the injury to your employer immediately (within 30 days).
- Your employer must provide a DWC-1 Claim Form within one business day.
- Submit the completed form and begin treatment within the MPN.
- Await benefit determination. If denied, you can appeal through the Workers’ Compensation Appeals Board (WCAB).
What If Your Claim Is Denied?
You can request a Qualified Medical Evaluator (QME) for an independent medical exam. The case may proceed to a hearing before an Administrative Law Judge (ALJ) if unresolved.
Common Injuries in California Workplaces
- Back, neck, and spinal injuries
- Broken bones and fractures
- Carpal tunnel syndrome
- Chemical exposure
- Concussions and TBIs
- PTSD and mental health injuries (yes, these may be covered)
Frequently Asked Questions (FAQs)
Can undocumented workers get workers’ comp in California?
Yes. Immigration status does not affect your eligibility under state law.
How long do I have to file a claim?
You must report the injury within 30 days and file a claim within 1 year of the incident.
What happens at a workers’ comp hearing?
A judge will hear both sides, review evidence, and issue a ruling on benefit entitlement or disputes.
Can I sue my employer instead?
Generally, no, unless the employer intentionally caused harm. However, third-party lawsuits (e.g., against equipment manufacturers) are allowed.
Can I still get benefits if my symptoms developed slowly?
Yes. These are called cumulative trauma injuries, and they are compensable.
Need Legal Help? Contact Hussain & Gutierrez
Navigating the California workers’ compensation system is complex, and mistakes can cost you your rights. Don’t risk getting denied, underpaid, or ignored.
Why Choose Us?
- We’ve helped thousands of injured workers.
- No upfront fees. We only get paid if you win.
- Fluent in English and Spanish.
- Located in the heart of Los Angeles, we know local law and judges.
Get Your Free Case Evaluation Today
Visit: https://hussaingutierrezlaw.com
Call Now: 888-997-3701
You Deserve Compensation, Not Confusion
Workers’ compensation exists to protect all employees, including the undocumented, after a workplace injury. Understanding the system and your rights can dramatically improve your financial, physical, and emotional recovery.
Don’t navigate this alone. The legal team at Hussain & Gutierrez is ready to help you file your claim, fight a denial, and secure the benefits you deserve.
