CALIFORNIA INSURANCE

INDUSTRIAL INJURIES AND WORKER'S COMPENSATION

Worker's Disability Compensation is an employee benefit, which was established by the California legislature. Compensation is provided for disability, death, or medical care resulting from accidental injury or disease that is related to employment, without regard to who may be at fault.

The Worker's Compensation law is written for any injured employee, so that he/she can receive benefits quickly and easily without expenses.

The injured employee is not required to prove that he/she is not at fault. All that he/she is required to do is establish that the injury was, in some way, caused by employment. When that is established, he/she is entitled to full benefits.

BASIS OF BENEFITS

· Medical Care: Employers are required to provide medical treatment for employment injuries. Employee is entitled to reasonable and proper medical care to cure or relieve effects of work-related injuries or diseases. He/she may utilize treatment by Doctor's of Chiropractic, Medical Doctors, and surgical, nursing or hospital facilities.

1. When the employee notifies the employer that he/she has been injured, the employer must provide him/her with immediate medical treatment. Employee must use the employer-selected physician for the first 30 days, and then (after 30 days) he/she may choose his/her own physician.

2. If the employer does not provide the employee with immediate medical treatment, he/she may obtain treatment from a physician of his/her own choice.

3. CALIFORNIA LABOR CODE 4600: "If the employee informs the employer in writing that he/she has a regular treating physician BEFORE the occurrence of an industrial injury, he/she has the right to be treated by that physician."

4. CALIFORNIA LABOR CODE 4600, 3209.3: The California Worker's Compensation Law provides "freedom to choose medical care to employees injured while working on the job."

· Temporary Disability Payments: If the employee is placed on temporary disability or work restriction by your doctor, he/she is entitled to weekly compensation payments which are based on two-thirds (2/3) of his/her average weekly wages, subject to certain minimums and maximums. Payments may be claimed as long as disability and wage loss continues. These payments are not deducted from any permanent disability award.

· Permanent Disability: If your doctor states that the employee physical condition is "permanent and stationary," and that "there remains a permanent residual of his/her injury," he/she is entitled to permanent disability benefits. The Worker's Compensation Law provides a schedule of monetary amounts for each percentage (%) of permanent disability.

· Death Benefits: If the employee is killed or die on the job, and it had been determined to fall under Worker's Compensation, his/her dependents are entitled to substantial payments, plus a fixed burial expense.

· Other Benefits: There are many other benefits available to injured employees under California law. These include rehabilitation training, dental work, reconstructive surgery, lifetime medical care (in some cases), and other.

WHAT TO DO IF YOU ARE INJURED:

1. Promptly notify your supervisor or employer and fill out the accident notice.

2. Select your own physician/doctor. California law gives you the right to select a physician/doctor of your choice, if your company does not provide you with immediate care.

If your employer does not have a physician/doctor or a company doctor on his staff, ask him to approve a medical care immediately.

All reasonable and necessary examinations, X-rays and treatment will be paid for by your employer's insurance company.

You must transfer to a doctor of your choice after 30 days.

3. Authorization for Treatment. Have your employer sign the Authorization of Treatment and take it with you to your doctor.

4. If your employer or his insurance company refuses liability for treatment because they feel that you were not injured on the job, or for any other reason, immediately contact Worker's Compensation attorney. The attorney's fees are fixed and payable by the Worker's Compensation Insurance Company.

We can give you a list of workers' compensation attorney in your area.

5. Your primary physician/doctor can determine the appropriate treatment for you. If other treatment is necessary, he will refer you to doctors in other specialty areas, such as medical, podiatric, optometric, etc., for examination and treatment.

6. The injured employee is entitled to all necessary treatment of the work-related injury, adequate to restore reasonable health to the extent experienced prior to the injury.

Remember, as long as you report your injury to your employer and show that your injury is work-related, you may seek treatment by your physician/doctor. You are required to see the company doctor only if he supplies immediate care.