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How is Workers’ Comp Calculated in California?

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Posted By DAM Firm | October 3 2023 | Workers' Compensation

If you or somebody you care about sustains an on-the-job injury or illness, you should be entitled to workers’ compensation benefits. These benefits will include coverage of all medical expenses related to the injury or illness as well as a portion of lost wages if you cannot work during the recovery process.

Here, we want to review how workers’ compensation is calculated in California, and we encourage you to reach out to a work injury attorney if you have any trouble securing the compensation you are entitled to.

How is Workers’ Comp Calculated in California

Medical Benefits

The main aspect of workers’ compensation claims revolves around medical care. The goal is to help injured workers recover, and this means paying for all medical treatment needed as a result of the workplace injury or illness.

There is no limit on the medical benefits paid to a work injury victim. If a medical professional has deemed that the treatment is necessary for a person to reach maximum medical recovery (MMR), then the payments will be made. After a medical professional deems that a person has reached MMR, the medical care will likely not be paid for.

Temporary Disability

Temporary disability benefits are paid for those who need assistance with lost wages while they recover from their injuries. If a medical professional determines that a person needs to take time away from work, then the person can receive temporary disability benefits.

For injuries that occur in 2023, if a person’s average weekly wage is below $364.29, then they will receive $242.86 each week in payments. For those who make above $343.29, they will receive 2/3 of their average weekly wage, up to certain upper limitations that are adjusted annually.

Permanent Disability

Permanent disability benefits may be available to those who sustain permanent injuries or impairments as a result of a work injury or illness. The disability rating a person receives is based on a complex formula that determines the extent of the physical injury or disfigurement but also factors in the age of the employee when they are injured, their occupation, and the date of the injury. Other factors that could affect a disability rating include how much the disability was caused by the work and adjustments that take into account the worker’s loss of future earning capacity.

Current state law sets permanent disability minimum and maximum amounts payable, and we encourage you to talk to your work injury lawyer if you have any questions about permanent disability ratings.

Will You Need Help From an Attorney?

If you or somebody you care about has sustained a workplace injury or illness but are having trouble recovering your write full benefits, we encourage you to reach out to a skilled attorney as soon as possible. A workers’ compensation attorney in Riverside can walk you through this entire process. They can examine the facts of your injury, investigate the incident, handle negotiations with insurance carriers, and assist with any necessary appeals. If the situation warrants a personal injury lawsuit against an at-fault party, your attorney can also guide you through this process.

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