The purpose of providing medical benefits through
workers' compensation is to make it possible for someone who has been injured on the job to
receive any and all care and treatment which will be necessary to regain
his or her pre-accident state of health as nearly as possible. Provided
that the doctor assigned to your case considers that you need a certain
type of treatment to achieve this goal, you should be approved to receive
the compensation you need. This is one of the reasons why it is important
to find a doctor who has your best interests in mind, rather than one
who is on the side of the insurance company and will therefore only order
the absolute bare minimum level of treatment. In cases where a full recovery
is not possible, you can continue to receive treatment until you reach the
maximal medical improvement (MMI), the level at which your condition is not expected to improve any
further even with continued treatment.
How much does workers' comp pay in disability benefits?
The amount you can receive in compensation for lost wages is generally
calculated at two-thirds of your average weekly wage. There are several
types of disability benefits which are intended for different situations:
Temporary Partial Disability
This type of benefit is paid in cases where the claimant is able to return
to work but not in the full capacity or perhaps is assigned to light duty.
It is used to help make up the difference between the worker's normal
wages and the amount he or she earns while partially disabled.
Temporary Total Disability
These benefits are paid in cases where the worker is injured to the degree
that he or she is forced to take time off from work in order to rest and
recover and therefore is deprived of all his or her normal wages.
As soon as you have reached the MMI, your doctor will evaluate your condition
to determine whether you are now permanently impaired. If you are, he
or she will assign you a
permanent disability rating, which is a numerical estimate of the degree to which your injury or illness
impairs your ability to work.
In the event that you lost a family member in a workplace accident, you
may be able to recover death benefits which can include up to $10,000
for burial expenses as well as $250,000 for a single dependent, $290,000
for two or more dependents and $320,000 for three or more dependents.
Let a San Jose Workers' Comp Lawyer Maximize Your Claim
It is important to know that the fact that you are entitled to a certain
amount of benefits does not mean that the workers' comp insurance
company will pay you that amount – or even anything at all. They
may attempt to delay payment on your claim in order to frustrate you into
accepting a smaller amount, or they may dispute your claim by arguing
that your injury was not caused by an on-the-job accident or the conditions
of your workplace. They may try to minimize your claim for permanent disability
benefits by claiming that you are not impaired to the degree that you
actually are. Level the playing field between you and the insurance company
by hiring a San Jose personal injury lawyer from Habbas & Associates
to fight for you! Contact our firm now for a free consultation and to
get the process started.