The Workers Compensation Claim Process Now Puts Workers At A Disadvantage.
On April 19, 2004, the California workers compensation process changed. The passing of Senate 899 caused a great deal of harm to the workers compensation system and revamped now making it more difficult for injured employees to get the help they need. Under new laws, the benefits that injured workers are entitled to include:
- Temporary disability: Workers will now receive two-thirds of their average weekly wage up to a maximum benefit depending upon the year's date of the work related injury.
- Medical Treatment: Employers have an obligation to provide up to $10,000 in reasonable and necessary medical care (including hospital beds, leg braces, wheel chairs, etc) until the workers compensation claim is either admitted or denied. All medical treatment must now pass through a utilization review first and many insurance companies are using this to deny the injured worker of the most fundamental basic benefits.
- Permanent Disability: After the injured workers condition has stabilized, reached maximum medical improvement or been found to be permanent and stationary, the injured worker is entitled to permanent disability. The permanent disability is now based on a whole person impairment relying upon the American Medical Association guidelines rather than an inability to compete in the open job market.
- Vocational Rehabilitation: Before the workers compensation laws changed, if a doctor designated you as a qualified injured worker, you were entitled to $16,000 worth of vocational rehabilitation. Now, under the new law workers compensation laws, an injured employer can only get a voucher for a minimum amount of retraining depending upon the extent of their permanent disability.
The personal injury attorneys at Berman More Gonzalez are licensed to practice law in the State of California and the State of Illinois. We represent various clients in personal injury cases as well as workers compensation claims. These types of cases include motor vehicle collisions, construction site accidents, and all claims are handled in various cities like Santa Ana, Anaheim, Fullerton, Brea, Garden Grove, Westminster, and throughout Orange County.
