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The People's Guide 2015 18 Worker's Rights 2. Workers' Compensation Benefits Workers' compensation benefits are de- signed to provide you with the medical treatment you need to recover from your work related injury or illness, to partially replace the wages you lose while you are recovering, to provide compensation for injuries sustained at work, and to help you return to work. If you are disabled because of a work injury or as a result of unhealthy, un- safe, or stressful conditions at work, you should apply for Workers' Compensation benefits. If the injury occurred on the job or as a result of the job, you have a right to file a claim. You are entitled to most types of Workers' Compensation benefits regardless of your immigration status or the length of time you worked for your employer. There are six basic types of Workers' Compensation benefits: A. Medical Benefits: The employer pays for the medical care resulting from the work-related injury up to $10,000 while your claim is still being considered by the insurance company. This can include physician services, hospitaliza- tion, prescriptions, and other necessary and reasonable care. You may be treated by the employer's physician or company clinic, or by your own doctor if you have previously notified your employer in writing of your request to select, or "pre- designate" your own doctor. B. Temporary Disability Benefits: These benefits are paid every two weeks if you are unable to return to work within three days, or are hospitalized overnight. The benefits are intended to partially replace two-thirds of the wages lost as a result of the injury, up to a maximum weekly amount that is determined based upon the date your injury occurred and based on your average weekly wage at the time of injury. These benefits are paid until you are able to return to work, or until the disability becomes permanent and stationary. You will be considered "Permanent and Stationary" if a doctor determines that your medical condition has stabilized and you are not expected to have a significant change in condition for a period of one year, with or without medical treatment. C. Permanent Total Disability: If you have a permanent total disability you may receive up to payments every week for life. The rate of payment depends on the date you were injured. D. Permanent Partial Disability: This benefit is far more common than Perma- nent Total Disability, discussed above. For Permanent Partial Disability, the percentage of disability is based on a medical evaluation or multiple medical evaluations by a neutral doctor or doc- tors selected either by agreement of the parties or by a random list of names pro- vided by the state. You receive weekly benefits for a period that increases with the percentage of disability and will vary depending upon your average weekly wage at the time of your injury. These benefits are paid every two weeks. E. Supplemental Job Displacement Vouchers: Employees injured on or after Jan. 1, 2004, who are permanently unable to do their usual job, and whose employer does not offer other work, may qualify for the supplemental job displacement benefits (SJDB). SJDB comes in the form of a non-transferable voucher that can be used to pay for educational retraining or skill enhance- ment, or both, at state-approved or state-accredited schools. F. Death Benefits: If a worker is fatally injured, the worker's family may receive burial expenses up to $10,000. Death Benefits may also be paid as sup- port payments for dependents of the deceased worker. The amount of death benefits varies based on when the injury occurred and varies depending on the extent to which an eligible beneficiary was "dependent" on the deceased worker. Filing a Workers' Comp Claim: http:// www.dir.ca.gov/dwc/iwguides/IW- Guide01.pdf For help filing a claim or if your em- ployer does not provide you with a Claim Form, contact the Workers' Compensa- tion Appeals Board District Office clos- est to you: Workers' Compensation Appeals Board Los Angeles District Office: 320 W. 4th St., 9th floor Los Angeles, CA 90013 (213) 576-7335. Workers' Compensation Appeals Board Pomona District Office: 732 Corporate Center Drive Pomona, CA 91768 (909) 623-4301 Workers' Compensation Appeals Board Van Nuys District Office: 6150 Van Nuys Boulevard, Suite 105 Van Nuys, CA 91401 (818) 901-5367 Visit these web pages for more informa- tion: http://www.dir.ca.gov/InjuredWorker- Guidebook/InjuredWorkerGuidebook. html http://www.dir.ca.gov/dwc/FactSheets/ Employee_FactSheet.pdf You can obtain free information from an "Information and Assistance Officer" of the State Division of Workers' Compen- sation at your closest District Office, or you can hear recorded information and a list of local offices by calling (800) 736- 7401. These Officers cannot represent you or act as your attorney, but they can provide basic guidance as your navigate the Workers' Compensation system. You may also want to hire a private attorney to help you with your claim. Many Workers' Compensation attorneys offer a free consultation, which allows you to discuss your case with a profes- sional free of charge. Workers' Com- pensation attorneys handle this type of case even if you cannot afford to pay in advance because their fees for Workers' compensation cases are set by law and are paid when your case is resolved. If you receive nothing, your attorney will not charge you for any work done on your behalf. It is illegal for your employer to punish or fire you for having a job injury or illness, for filing a claim, or testifying in another person's Workers' Compensa- tion case (Labor Code 132a). If proven, you may receive lost wages, job rein- statement, increased benefits, and costs and expenses up to limits set by the state.