If you’ve been injured at work, you may be wondering what your rights are – especially when it comes to getting the rehabilitation you need to get back on your feet. In this article, we’ll explain everything you need to know about injured workers’ rehabilitation rights, including:
- What your rights are under California law
- What workers’ compensation covers
- What vocational rehabilitation is
- How to file a workers’ compensation claim
If you’ve been injured on the job, don’t wait to get the help you need. Read on to learn more about your rights and how to get the treatment and compensation you deserve.
What are injured workers’ rehabilitation rights?
Injured workers in California have the right to receive workers’ compensation benefits, which include medical care and, in some cases, vocational rehabilitation. Workers’ compensation is a system of insurance that provides benefits to employees who are injured or become ill as a result of their job. In California, most employers are required to have workers’ compensation insurance.
Benefits Of Injured Worker’s Rehabilitation Rights
There are four main types of benefits that injured workers may receive under workers’ compensation:
- Medical benefits: Workers’ compensation will pay for all reasonable and necessary medical care related to the injury or illness, including doctor’s visits, hospital stays, prescriptions, and physical therapy.
- Temporary disability benefits: If an injured worker is unable to return to work due to their injuries, they may be eligible for temporary disability benefits. These benefits are typically two-thirds of the worker’s average weekly wage, up to a maximum amount set by the state.
- Permanent disability benefits: If an injury results in a permanent disability, the injured worker may be eligible for permanent disability benefits. These benefits are based on the severity of the disability and can be paid in a lump sum or as ongoing payments.
- Death benefits: If an employee dies as a result of their job-related injuries or illness, the employee’s surviving spouse and dependent children may be eligible for death benefits. These benefits can include a lump sum payment and ongoing payments to help with living expenses.
Besides these benefits, injured workers in California also have the right to vocational rehabilitation services. Vocational rehabilitation is a process that helps injured workers return to work after their injury. Vocational rehabilitation services can include job training, job placement assistance, and help with adapting to a new job. Workers’ compensation will pay for all necessary and reasonable vocational rehabilitation services.
How can an employer help an injured worker?
An employer can help an injured worker by providing them with information about their rights under workers’ compensation and by helping them get the medical care and vocational rehabilitation they need. Employers are required by law to provide injured workers with information about workers’ compensation and how to file a claim. Employers should also have a list of approved doctors and other medical providers that injured workers can see for treatment.
In addition, employers can help injured workers by staying in communication with them during their recovery and returning them to work as soon as it is safe for them to do so. Employers should provide modified duty or light-duty work for injured workers who are not yet able to return to their regular job duties. Returning to work gradually can help injured workers recover more quickly and prevent further injuries from happening.
What are some common misconceptions about injured workers’ rehabilitation rights?
There are some common misconceptions about injured workers’ rehabilitation rights that can prevent employees from getting the care they need after an injury. These misconceptions include:
- Injured workers must see a company doctor: While some employers require employees to see a company doctor for their first visit after an injury, employees have the right to choose their own doctor after that. Employees should choose a doctor that they feel comfortable with and who is familiar with treating work-related injuries.
- Injured workers must wait until they’re fully healed before returning to work: It’s important for injured workers to listen to their bodies and not return to work until they’re fully healed. However, returning to work gradually can actually help speed up the healing process and preventing further injuries from happening.
- Injured workers must pay for their own vocational rehabilitation: Workers’ compensation will pay for all necessary and reasonable vocational rehabilitation services. Injured workers should not have to pay for any part of their vocational rehabilitation out of pocket.
- Injured workers will automatically be fired if they miss too much work: Employers cannot automatically fire an employee who is out on workers’ compensation leave. Injured workers who need time off from work should talk to their employer about their leave schedule and make sure they understand their rights under the law.
In conclusion rehabilitation is an important process for people who have been injured at work. It can help them heal and get back to their lives. However, there are a few things you should know about your rights during rehabilitation. Remember, you have the right to choose your own rehabilitation provider, refuse rehabilitation, and be treated with dignity and respect. You also have the right to be involved in your own rehabilitation, be treated as an individual, and know what your options are. If you feel your rights have been violated, contact us at the Law Offices of DYS at ((213) 8554749), we offer free initial consultations and would be
happy to review your case.