WHAT ARE THE EXTENT OF WORKERS' COMPENSATION BENEFITS.

Effective for injuries after January 1, 2003, the maximum level of benefits has increased. Temporary disability is now payable at two-thirds of earnings up to a maximum amount of $602 per week. Permanent partial disability is payable at two-thirds of earnings with $185 per week for all injuries with permanent partial disability up to 70%. The maximum amount for permanent partial disability between 70% and 99% will remain at $230 per week. 100% disability will be still paid at the temporary disability rate for the rest of the injured workers' life.

Benefits will increase for new injuries each year until 2006 under the current benefits law.

Benefits can be broken down into the following four categories, with three additional penalty benefits.  These are the following:

Temporary Disability - An injured worker receives two-thirds of his salary with a minimum of $126.00 per week to the following maximum rates depending on the date of injury: $490 per week for injuries prior to December 31, 2002; $602.00 per week for 2003 injuries; $728 for injuries after January 1, 1004; and $840 for injuries after January 1, 2005. They are paid during all periods that you are deemed to be medically temporarily disabled, which is defined as being off work in the recovery period. An injured receives the current maximum rate when it is paid more then two years post injury. There is a two year limitation on temporary disability for all injuries after April 19, 2004.

Rehabilitation Benefits. This benefit has essentially been eliminated for injuries which occur after January 1, 2004. An injured worker can get a voucher to use at an accredited post-secondary school with a value ranging between $4000 to $10,000 depending on the extent of permanent partial disability.

Medical Treatment - An injured worker is entitled to all reasonable and necessary medical care to cure or relieve them from the effects of the injury.  He is entitled to treatment by a physician of their choice after 30 days from the date of injury.

Permanent Disability. This consists of weekly payments of two-thirds of your salary, with the following maximum weekly payments depending on the date of injury: $140 to $230 per week for injuries occurring before December 31, 2002; $185 to $235 per week for injuries after January 1, 2003; $200 to $250 per week for injuries after January 1, 2004 and $220 to $270 per week for injuries after January 1, 2005. This is paid upon the completion of temporary disability and is paid regardless of your current earnings. The extent of permanent partial disability determines the number of weeks for which permanent disability is payable and the amount of the weekly benefit within the above stated benefit rate. A finding of 100% disability provides for the payment of temporary disability for the rest of the injured's life. Permanent disability is the most contested aspect of workers' compensation benefits.

PENALTIES

Unreasonable Delay - Labor Code Sec. 5814 provides for a 10% penalty in the event there is an unreasonable delay in the furnishing of benefits.  This penalty applies to the entire class of benefits delayed.  It is almost always contested by the carrier.

Serious and Willful Misconduct - Labor Code Sec. 4553 provides for a 50% increase in benefits, if the injury is a result of the intentional disregard of safety by the employer.  This requires more then negligence, but the intentional disregard of a serious safety hazard by an employer.  These claims are always contested and not covered by the insurance carrier, but directed solely against the employer.

Discrimination for Claiming Workers' Compensation Benefits - Labor Code Sec. 132a provides for a 50% increase in benefits, up to $10,000, and or reinstatement with back pay, if an employer discriminates against an injured worker for claiming or receiving workers' compensation benefits.  This action is also directed solely against the employer.