Who is entitled to California workers' compensation benefits?

If you have an injury or illness resulting from your employment, you may be entitled to workers' compensation benefits, provided for you at your employer's expense. The injury or illness may result from a single incident or from repeated or prolonged exposure to activities or substances at work. With only a few exceptions, all California employers are subject to State workers' compensation laws. More than four out of five workers receive workers' compensation benefits from insurance carriers who cover their employers' liability. The remainder receives benefits directly from employers who are self-insured. Federal employees and persons covered under federal legislation have other benefit programs and should contact the United States Department of Labor.

If your employer does not have workers' compensation insurance and is not self-insured, your benefits may be paid by the Uninsured Employers Fund of the State Department of Industrial Relations.

What are workers' compensation benefits?

You may be entitled to one or more of the following benefits depending upon your individual situation.

Medical care

You will receive all medical treatment necessary to cure or relieve you from the effects of a work-caused injury or illness. This includes physician's services, hospitalization, physical restoration, dental care, and prescriptions. X-rays, laboratory studies and all other necessary and reasonable care ordered by your physician. There are no deductibles-the total cost of medical care is paid directly by the employer or its insurance carrier as a workers' compensation benefit. In workers' compensation law the term "physician" is defined to include physicians and surgeons, psychologists, optometrists, dentists, podiatrists, osteopathic, and chiropractic practitioners licensed by California State law.

Temporary disability

If your physician confirms that you cannot work because of your work-caused injury or illness, you are eligible for disability benefits. You will not be paid for the first three full days off work after injury unless you are off more than 21 days or you are hospitalized overnight. Payments continue until your physician releases you to return to work or decides that your condition has reached a point of maximum improvement. The weekly rate for temporary disability payments is usually based on two-thirds of your gross weekly wages. For injuries on or after January 1,1984, the minimum paid is $112.00 per week and the maximum paid is $224.00 per week. These payments are based on a 7-day week, and one day's compensation is equal to one-seventh of the weekly rate.