Maison Law helps people that get hurt at work in California. We answer questions and guide them through the workers’ compensation claims process. Although it’s similar to other injury situations, workers’ comp can unfold in a different way. The overall goal, though, is to get benefits and our team can make sure you get the most out of the claims process. Contact us today for a free consultation.
Is There a Maximum Settlement Amount For Workers’ Comp Benefits in California?
Workers’ comp is available to most every worker in California, allowing them to file a claim and access benefits when they’re hurt or get sick at work. It differs from the normal injury claim process in that you don’t have to show fault through negligence, but you do still have to make a claim.
This means that, eventually, you’re going to be offered benefits through a settlement. Now, there’s not a maximum settlement you can get in terms of a lump sum, but there is a threshold of what you can get out of certain workers comp benefits:
- Temporary disability – When you’re injured, a big part of your benefits are for medical expenses and other needs that come out of your injuries. This comes in the form of “temporary disability” or TD benefits. In California, the maximum amount you can get per week is $1,619.15. TD benefits can last up to 104 weeks within five years of the injury, but can be extended to 240 weeks for certain injuries.
- Permanent disability – If your injuries are permanent, you can get “permanent disability” benefits, called PD benefits. These benefits are based on how serious the injury is. If you’re 100% disabled, you can get two-thirds of your weekly pay for the rest of your life. For less permanent injuries, your weekly benefits can range from $240 to $435.
- Death benefits – If your injuries are fatal, your surviving family members (dependents) can get death benefits. The maximum amounts are based on how many dependents there are. For one dependent, the maximum is $10,000. For two or more dependents, it increases to $250,000.
Obviously, every situation is different and depends on the outcome of the claims process. Because these benefits are important for your recovery, it’s important to know how you can take steps to strengthen your claim.
How Can You Strengthen Your Workers’ Comp Claim?
Nobody wants to get hurt at work, but the reality is that the workplace is one of the most common places you could be injured. So, workers’ comp is going to be an important part of your recovery one way or the other. Still, just filing a workers’ comp claim doesn’t guarantee full benefits. To boost your chances, you need to build a solid claim. Here’s how all workers can strengthen their claim:
- Get medical attention – Get medical attention as soon as possible. For serious injuries, head to the hospital right away. Quick treatment aids recovery and documents your injury. If it’s a long-term condition, make sure you have medical records to support it.
- Report your injury – Inform your employer immediately. While California law gives you 30 days to report a workplace injury, doing it sooner speeds up the claims process.
- Be honest and work with investigators – The insurance company will review your claim by checking medical records and possibly interviewing you and your employer. Providing accurate information helps the process move smoothly.
- Medical evaluation – You may need to see a Qualified Medical Examiner (QME) appointed by the insurance company for an independent assessment of your injury.
Following these steps can help you build a strong case and get you the benefits you need for recovery. But there’s another important part of this process, and that’s working with our team.
Maison Law Can Help Your Workers’ Compensation Claim in California
While it’s true that you have the right to file a workers comp’ claim after you’re injured or fall ill, getting the maximum benefits isn’t always simple, especially when complications come up.
The more complicated your situation is, the more help you’re going to need. While hiring a lawyer isn’t required, it can significantly improve your chances of getting the most out of your claim. Our team at Maison Law can help you by:
- Explaining your rights – With our experience and resources, we can explain your rights under the workers’ comp system and how the process will likely play out.
- Investigating the accident – We dig into what caused your injury by examining workplace conditions, speaking to witnesses, and figuring out what happened. This helps us understand your situation and strengthen your claim.
- Gathering evidence – Our team collects important documents like medical records, accident reports, photos, and proof of lost wages. By organizing this evidence, we make sure your case is solid and well-prepared.
- Negotiating for full benefits – We deal directly with the workers’ compensation insurance company. Whether it’s medical expenses, lost wages, or retraining, we fight for the maximum benefits available.
Throughout the entire process, we’re by your side. From filing your claim to resolving disputes, we handle the hard parts so you can focus on healing and getting back to work. If you’ve been hurt at work and want to know more about your workers’ comp options, contact us today for a free consultation.
