Workers’ Compensation: Your Rights

Workers’ Compensation: Your Rights

Your right to workers’ compensation benefits is mandated by the California Constitution. In accord with this, the legislature has enacted a multitude of laws governing the administration of workers’ compensation benefits. Courts of limited jurisdiction called the Workers’ Compensation Appeals Board or WCAB have been created to resolve disputes involving work injuries. There are currently approximately seven different sets of laws which apply to workers’ compensation cases. The date of your injury determines which set of law the WCAB will apply. However, the basic benefits have remained somewhat stable over time. It is very important to understand that the workers’ compensation system provides for limited benefits for a work related injury, where more lawyers are featured online, according to

…The first obligation of your employer and it’s insurance carrier is to provide you with medical care without any deduction. You should never see a bill. You are entitled to all medical care which is reasonable and necessary to cure or relieve you from the effects of your industrial injury. At the conclusion of your case, your lawyer for workers compensation may be able to get an award of lifetime medical care from a Workers’ Compensation Appeals Board judge.

…If you miss time from work, you are typically entitled to receive a wage loss benefit called temporary disability. This is paid at two thirds of your average weekly wage up to certain maximums. It is important to understand that California workers’ compensation is a system of limited benefits. As of April 19, 2004 temporary disability is limited to a period of two years. The temporary disability is tax-free. Payments are not made for the first three days you are disabled unless you are hospitalized or unless you are unable to work for more than fourteen days. Once your doctor releases you to return to work or declares your condition to be stable, the temporary disability benefit stops.


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