FEHA and Workers’ Compensation: What Injured Employees Should Know
In California, an injured worker may be protected by both the state’s workers’ compensation system and the Fair Employment and Housing Act (FEHA). While workers’ compensation provides medical care and wage replacement after a job-related injury, FEHA protects workers from discrimination and ensures equal treatment in the workplace, especially for those with lasting medical restrictions.…
Your Rights Under the FMLA After a Work-Related Injury
After a job-related injury, many workers focus on medical treatment and workers’ compensation benefits, but may not realize they also have protections under the Family and Medical Leave Act (FMLA). For eligible employees, FMLA provides job protection during time off for serious health conditions, including those caused by workplace injuries. Understanding how FMLA works alongside…
Understanding the Role of a Disability Rater in Workers’ Comp
In California workers’ compensation cases, a disability rater plays a key role in determining the amount of permanent disability benefits an injured worker may receive. The disability rater works within the Disability Evaluation Unit (DEU) of the Division of Workers’ Compensation (DWC). This individual is responsible for reviewing medical reports and applying the appropriate formulas…
How Disability Ratings Affect Workers’ Compensation Benefits
In California workers’ compensation cases, the disability rating is one of the most important factors in determining how much permanent disability compensation an injured worker may receive. Once a worker has reached maximum medical improvement, a rating is assigned to reflect how the injury affects their long-term ability to work. This rating is expressed as…
Labor Code 132a: Your Rights Against Workplace Discrimination
California Labor Code section 132a makes it unlawful for an employer to discriminate against a worker for filing a workers’ compensation claim or for having a job-related injury. This section of the law is designed to protect injured workers from retaliation and to ensure that they can exercise their legal rights without fear of being…
Electronic Adjudication Management System (EAMS): A Guide for Injured Workers
The Electronic Adjudication Management System (EAMS) is California’s case management system for handling workers’ compensation disputes. It is used by the Division of Workers’ Compensation (DWC), judges, attorneys, claims administrators, and other parties to file documents, schedule hearings, and track case activity. While injured workers do not file directly into EAMS, it plays a central…
What Is the Disability Evaluation Unit (DEU) in a California Workers’ Compensation Case?
The Disability Evaluation Unit (DEU) is a division within California’s Division of Workers’ Compensation (DWC) that reviews medical reports and calculates permanent disability ratings. These ratings are used to determine how much compensation an injured worker may receive for a lasting impairment resulting from a work-related injury or illness. The DEU plays an important role…
What Is Disability in a California Workers’ Compensation Case?
In a California workers’ compensation case, the term disability refers to how a job-related injury or illness affects a worker’s ability to earn wages. Disability is not just about a medical condition—it is about whether the injury limits or prevents the worker from performing their job and earning income. California workers’ compensation law recognizes two…
What Is the Description of Employee’s Job Duties (DWC Form AD 10133.33)?
The Description of Employee’s Job Duties, also known as DWC Form AD 10133.33, is a form used in California workers’ compensation cases to document the physical and mental requirements of an injured worker’s job. It is used during the return-to-work process when a worker has permanent restrictions that may affect their ability to perform their…
