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If you're injured on the job, your employer is legally obligated to provide workers' compensation benefits. You may be eligible for benefits if you experience a work-related injury, such as:
Workers' compensation benefits are paid by your employer to support your recovery from a work-related injury or illness.
Wage loss benefits are paid if your injury prevents you from working your usual job while recovering.
Permanent disability benefits are paid if your injuries result in long-term or permanent limitations.
Vocational rehabilitation benefits (if your injury occurred in 2004 or later) provide vouchers to help pay for retraining or skill enhancement if you have a permanent disability and cannot return to your previous job.
Death benefits are paid to your spouse, children, or other dependents if you die as a result of a work-related injury or illness.
In California, workers' compensation is a system designed to provide financial benefits to employees who suffer injuries or illnesses arising out of and in the course of their employment. If you have suffered a work-related injury or illness, it is important to consult with an attorney who specializes in workers' compensation law to determine your eligibility for benefits and to help you navigate the claims process.
An injured worker can file an Application for Adjudication with the local Workers' Compensation Appeals Board (WCAB) to address outstanding issues related to a workers' compensation claim. The application can be filed in the county where the worker lives, the county where the injury occurred, or the county where the attorney is located.
An Application for Adjudication is a form filed with the local Workers' Compensation Appeals Board (WCAB) office when there's a disagreement between an injured worker and the insurance company regarding a workers' compensation claim.
In California Workers' compensation, DOR is an application to request a hearing before a workers' compensation judge when you're ready to resolve a dispute. Typically, it's filed after both parties have completed their 'discovery' process, which involves gathering evidence.
A guideline to file a Declaration of readiness to proceed (to hearing)
Your case is resolved when you reach an agreement with the claims administrator or a judge issues an order regarding your workers' compensation benefits and future medical care. To safeguard your rights, regardless of whether you have an attorney, settlements must be reviewed by a workers' compensation judge for approval.
There are two different ways to settle your case. Compromise and Release OR Stipulation.
A Compromise and Release is a type of settlement where you receive a lump sum payment in exchange for giving up your future workers' compensation benefits, including medical care. In general, a C&R is a final agreement that settles all aspects of your workers' compensation claim. This settlement requires an approval from a workers' compensation judge. The judge has the authority to approve a C&R during a Mandatory Settlement Conference, a Status Conference, or a Workers' Compensation trial.
A C&R involves the insurance company offering a lump sum payment to resolve your claim. You can choose to receive this payment all at once or in installments through a structured settlement. The settlement amount covers your anticipated future losses related to the work injury, such as medical expenses, lost wages, and remaining out-of-pocket expenses. Negotiating the settlement amount is crucial to ensure you receive fair compensation. Once the lump sum payment is made, your workers' compensation claim is over. It's very difficult to reopen a closed claim, so it's important to get the settlement amount right the first time.
If you and the claims administrator can't agree on a settlement, a workers' compensation judge will resolve the dispute.
A Stipulation with Request for Award is a settlement agreement where the parties agree on the terms of a workers' compensation award and establish a long-term relationship, which may include future medical treatment. Payments are typically made over time. This document is submitted to a workers' compensation judge for final approval.
If you and the claims administrator can't agree on a settlement, a workers' compensation judge will resolve the dispute.
A lien is a claim for payment against a workers' compensation case. Entities like medical providers can file a lien with the local Workers' Compensation Appeals Board (WCAB) to request payment for services rendered in a workers' compensation case.
