If you are injured at work, whether it is from a slip and fall or a repetitive motion injury, you are entitled to receive workers’ compensation. However, it can be confusing to understand what your options are and what your pay will be. The California workers’ comp settlement chart can help you understand what you may be eligible for.
Possible Benefits from Workers’ Compensation in California
When a person is injured on the job, if they work for an eligible company and meet certain requirements, they may be entitled to receive money for their damages through workers’ compensation. Workers’ compensation is offered through a person’s employer and will typically cover the following:
- Care for your health. Medical care involves doctor visits, hospital stays, and any other expenses related to medical recovery, such as physical therapy and prescriptions.
- Permanent disability. If you do not make a full recovery from your injuries, you can receive payment for certain needs you will need for the rest of your life.
- Temporary disability. You can receive payment for lost wages during your recovery until you fully heal from your injuries and can return to work.
- Mileage. If you have to travel to and from appointments, you can receive reimbursement for it.
- Wrongful death. If your family member died as a result of a workplace injury, you might be eligible to receive compensation if you are a dependent.
Common Injuries Workers’ Compensation Covers
Generally speaking, an injury that occurs at work will be eligible for workers’ compensation. Exceptions to this include self-inflicted injuries, injuries that occurred while you were not on the clock (for instance, if you got into a car accident during your lunch break), injuries sustained on your way to or from work, and any injuries that happened while performing illegal activities (such as coming to the office after hours to steal money). The no-fault workers’ compensation system means that you do not have to prove negligence to receive benefits for a work-related injury. However, if your injury falls into one of the exceptions, you may not be eligible for compensation.
Injuries that are typically covered by workers’ compensation include:
- Repetitive motion injuries
- Slip and falls
- Injuries from lifting heavy objects
- Injuries sustained from being hit by objects
- Injuries sustained after being struck by heavy machinery
- Being exposed to chemicals that are hazardous to your health
- Workplace violence, such as being assaulted while on the job
Temporary Disability
You can usually get temporary disability benefits until you fully recover or are able to go back to work. Generally speaking, you receive two-thirds of your weekly earnings prior to taxes. This means the following:
- If you make less than $364.29 a week, you are eligible for $242.86 a week.
- You will get two-thirds of your wage if you make between $364.30 and $2,428.72 a week.
Permanent Disability
Your disability rate tells the insurance company how much and how long it will pay you for being permanently disabled. This rating is determined from medical reports and the type of work you were doing before the accident.
People in 2024 who have a permanent disability rate between 1% and 99% can get at least $160 per week and up to $290 per week. If you need more training for a new job because you cannot do your old one, you can get an extra $6,000 in job loss benefits.
Based on your disability rate, you will get weekly pay for a certain number of weeks. This can also be accessed in the California Labor Code.
Compensation for a Wrongful Death at Work
If someone dies because of an accident at work, their dependents may be able to get benefits. If the injury happened on or after June 1, 2013, some of these benefits are:
- $10,000 for funeral costs
- $250,000 for one full dependent
- $290,000 for two or more full dependents
- $320,00 for three or more people who fully count on you
These benefits can be paid to a minor dependent until they turn 18 years old.
FAQs
How Much Is the Average Workers’ Comp Settlement in California?
The average workers’ compensation payout in California varies significantly, depending on the circumstances of each case, such as the severity of the injury, the associated medical expenses, and the effect on the worker’s capacity to work. Factors like pain and suffering, future medical costs, and lost wages can all have an impact on settlements. Settlements for cases with serious or chronic injuries are usually larger than those for cases with less serious injuries.
Does Surgery Increase a Workers’ Comp Settlement in California?
In California, surgery can sometimes lead to a larger workers’ compensation payment because it usually means the injury is worse and will need more medical care and time to heal. If the surgery causes more medical bills, longer periods of missed wages, or permanent disability, the settlement may be larger to appropriately compensate the individual. Recovery time or complications may also affect the settlement.
How Do Workers’ Comp Settlements Work in California?
In California, workers’ compensation settlements are often negotiated between the injured worker, their attorney, and the insurance company. Settlements can be structured as lump amounts or periodic payments, and they typically cover medical expenditures, lost wages, and future care costs. A settlement agreement must be approved by a workers’ compensation court to guarantee its impartiality and conformity with state requirements.
How Long Does It Take to Get a Workers’ Comp Settlement in California?
In California, the time it takes to get a workers’ compensation settlement depends on a number of things, such as how complicated the case is, how bad the injury is, and how willing both sides are to negotiate. Other factors such as medical exams, settling disputes, and court cases can greatly affect the timeline.
Consult with Our Team for Your Workers’ Compensation Claim
The seasoned legal team at Kampf, Schiavone & Associates is well-versed in California workers’ compensation laws. We can help you make sense of the complex claims process and ensure you are receiving all the compensation you are entitled to. Contact us today to get started with a consultation.
Resources
https://www.forbes.com/advisor/legal/workers-comp/california-workers-comp-settlement-chart/
https://www.weworkinjury.com/blog/california-workers-comp-settlement-chart/
https://www.canlaslaw.com/blog/california-workers-comp-settlement-chart/
