Individuals who suffer an injury or illness while they are working at their job – and while performing a job duty – could bring a claim for workers’ compensation benefits. When you file a workers’ comp claim, you might be eligible to recover various types of benefits, including a portion of your lost wages, related medical expenses, and permanency benefits, in the event a healthcare provider determines that you suffered a permanent injury or disability in your work accident.
If you have suffered injuries in a work-related accident, it is important that you have a San Jose workers’ compensation lawyer on your side advocating for you every step of the way. Your lawyer can meet with you to determine if you have a viable claim. If you are eligible, your attorney can assist you throughout the process and will represent you at any court hearings. Your lawyer will also work to ensure that you recover the benefits that you deserve, including your lost wages.
The Formula for Calculating Lost Wages in a California Workers’ Comp Claim
Individuals who suffer work injuries during the scope of their employment are ordinarily entitled to recover 2/3 of their average weekly wage over the past year. This amount is subject to a minimum and a maximum which is established anew on an annual basis. For example, if a worker earns $52,000 per year, this amounts to $1000 per week. Two-thirds of this amount comes to $666.67, which the worker would be eligible to recover as part of a workers’ compensation claim.
In addition to lost wage compensation, there are several types of permanency benefits that might be available to an injured worker as part of a workers’ compensation claim. One of the most common types of permanency benefits is PPD or permanent partial disability. To be eligible for PPD benefits, a healthcare provider must determine, based upon a reasonable degree of medical probability, that a worker suffered a permanent injury or disability while on the job.
After being rated, the injured worker will go to a PPD hearing, and the commissioner will decide about the extent of the worker’s permanent impairment. This award will translate into a certain number of weeks of compensation, which will be multiplied by the injured worker‘s average weekly wage. This total is the gross award that the injured worker will recover for his/her permanent disability.
In addition to permanency benefits, there are other potential workers’ compensation benefits that an injured worker might be eligible to recover after an accident. For example, the injured worker will typically receive compensation for all related medical expenses stemming from the work accident. If the injured worker is unable to return to his or her former job or occupation, the worker might obtain vocational rehabilitation benefits to help him/her get back into the workforce.
A knowledgeable California workers’ compensation attorney in your area can help you determine the benefits for which you might be eligible and can help you pursue and recover those benefits.