A work injury is an injury you suffer at work. If you suffer a work injury in California, you are eligible for workers compensation. It doesn’t matter if you’re at your place of work or not when the injury occurs.
For example, if you are making a delivery or pickup for your job, you could still be “at work” and thus any injury you suffer could be eligible for workers compensation.
Work injuries can occur at once or over time. For example, if you drop something on your foot at work, causing an injury, you are eligible for workers compensation. You are also eligible if you develop carpal tunnel syndrome from years of work.
If you believe that you are eligible for workers compensation, we encourage you to reach out to work injury attorney Belal Hamideh for a free case evaluation. He’ll let you know exactly what your claim is worth and how we can help.
Work Injury Law in California
You must report your work injury to your supervisor as soon as possible. They are legally not allowed to retaliate. Should you suspect that is the case, reach out to us as quickly as possible.
Pertinent work injury laws in California include:
California Code, Labor Code – LAB § 4650
(a) If an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the injury and disability, on which date all indemnity then due shall be paid, unless liability for the injury is earlier denied.
(b)(1) If the injury causes permanent disability, the first payment shall be made within 14 days after the date of last payment of temporary disability indemnity, except as provided in paragraph (2). When the last payment of temporary disability indemnity has been made pursuant to subdivision (c) of Section 4656, and regardless of whether the extent of permanent disability can be determined at that date, the employer nevertheless shall commence the timely payment required by this subdivision and shall continue to make these payments until the employer’s reasonable estimate of permanent disability indemnity due has been paid, and if the amount of permanent disability indemnity due has been determined, until that amount has been paid.
(2) Prior to an award of permanent disability indemnity, a permanent disability indemnity payment shall not be required if the employer has offered the employee a position that pays at least 85 percent of the wages and compensation paid to the employee at the time of injury or if the employee is employed in a position that pays at least 100 percent of the wages and compensation paid to the employee at the time of injury, provided that when an award of permanent disability indemnity is made, the amount then due shall be calculated from the last date for which temporary disability indemnity was paid, or the date the employee’s disability became permanent and stationary, whichever is earlier.
(c) Payment of temporary or permanent disability indemnity subsequent to the first payment shall be made as due every two weeks on the day designated with the first payment.
(d) If any indemnity payment is not made timely as required by this section, the amount of the late payment shall be increased 10 percent and shall be paid, without application, to the employee, unless the employer continues the employee’s wages under a salary continuation plan, as defined in subdivision (g). No increase shall apply to any payment due prior to or within 14 days after the date the claim form was submitted to the employer under Section 5401. No increase shall apply when, within the 14-day period specified under subdivision (a), the employer is unable to determine whether temporary disability indemnity payments are owed and advises the employee, in the manner prescribed in rules and regulations adopted pursuant to Section 138.4, why payments cannot be made within the 14-day period, what additional information is required to make the decision whether temporary disability indemnity payments are owed, and when the employer expects to have the information required to make the decision.
(e) If the employer is insured for its obligation to provide compensation, the employer shall be obligated to reimburse the insurer for the amount of increase in indemnity payments, made pursuant to subdivision (d), if the late payment which gives rise to the increase in indemnity payments, is due less than seven days after the insurer receives the completed claim form from the employer. Except as specified in this subdivision, an employer shall not be obligated to reimburse an insurer nor shall an insurer be permitted to seek reimbursement, directly or indirectly, for the amount of increase in indemnity payments specified in this section.
(f) If an employer is obligated under subdivision (e) to reimburse the insurer for the amount of increase in indemnity payments, the insurer shall notify the employer in writing, within 30 days of the payment, that the employer is obligated to reimburse the insurer and shall bill and collect the amount of the payment no later than at final audit. However, the insurer shall not be obligated to collect, and the employer shall not be obligated to reimburse, amounts paid pursuant to subdivision (d) unless the aggregate total paid in a policy year exceeds one hundred dollars ($100). The employer shall have 60 days, following notice of the obligation to reimburse, to appeal the decision of the insurer to the Department of Insurance. The notice of the obligation to reimburse shall specify that the employer has the right to appeal the decision of the insurer as provided in this subdivision.
(g) For purposes of this section, “salary continuation plan” means a plan that meets both of the following requirements:
(1) The plan is paid for by the employer pursuant to statute, collective bargaining agreement, memorandum of understanding, or established employer policy.
(2) The plan provides the employee on his or her regular payday with salary not less than the employee is entitled to receive pursuant to statute, collective bargaining agreement, memorandum of understanding, or established employer policy and not less than the employee would otherwise receive in indemnity payments.
California Code, Labor Code – LAB § 4658
(a) For injuries occurring prior to January 1, 1992, if the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed, according to paragraph (1). However, in no event shall the disability payment allowed be less than the disability payment computed according to paragraph (2).
(1)
| Column 1-Range of percentage of permanent
disability incurred: |
Column 2-Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: | ||
| Under 10?????????????????????????????????????? | 3 | ||
| 10-19.75?????????????????????????????????????? | 4 | ||
| 20-29.75?????????????????????????????????????? | 5 | ||
| 30-49.75?????????????????????????????????????? | 6 | ||
| 50-69.75?????????????????????????????????????? | 7 | ||
| 70-99.75?????????????????????????????????????? | 8 |
The number of weeks for which payments shall be allowed set forth in column 2 above based upon the percentage of permanent disability set forth in column 1 above shall be cumulative, and the number of benefit weeks shall increase with the severity of the disability. The following schedule is illustrative of the computation of the number of benefit weeks:
| Column 1- Percentage of permanent disability incurred: | Column 2- Cumulative number of benefit weeks: | ||
| 5?????????????????????????????????????????? | 15.00 | ||
| 10?????????????????????????????????????????? | 30.25 | ||
| 15?????????????????????????????????????????? | 50.25 | ||
| 20?????????????????????????????????????????? | 70.50 | ||
| 25?????????????????????????????????????????? | 95.50 | ||
| 30?????????????????????????????????????????? | 120.75 | ||
| 35?????????????????????????????????????????? | 150.75 | ||
| 40?????????????????????????????????????????? | 180.75 | ||
| 45?????????????????????????????????????????? | 210.75 | ||
| 50?????????????????????????????????????????? | 241.00 | ||
| 55?????????????????????????????????????????? | 276.00 | ||
| 60?????????????????????????????????????????? | 311.00 | ||
| 65?????????????????????????????????????????? | 346.00 | ||
| 70?????????????????????????????????????????? | 381.25 | ||
| 75?????????????????????????????????????????? | 421.25 | ||
| 80?????????????????????????????????????????? | 461.25 | ||
| 85?????????????????????????????????????????? | 501.25 | ||
| 90?????????????????????????????????????????? | 541.25 | ||
| 95?????????????????????????????????????????? | 581.25 | ||
| 100?????????????????????????????????????????? | for life |
(2) Two-thirds of the average weekly earnings for four weeks for each 1 percent of disability, where, for the purposes of this subdivision, the average weekly earnings shall be taken at not more than seventy-eight dollars and seventy-five cents ($78.75).
(b) This subdivision shall apply to injuries occurring on or after January 1, 1992. If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed, according to paragraph (1). However, in no event shall the disability payment allowed be less than the disability payment computed according to paragraph (2).
(1)
| Column 1-Range of percentage of permanent
disability incurred: |
Column 2-Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: | ||
| Under 10?????????????????????????????????????? | 3 | ||
| 10-19.75?????????????????????????????????????? | 4 | ||
| 20-24.75?????????????????????????????????????? | 5 | ||
| 25-29.75?????????????????????????????????????? | 6 | ||
| 30-49.75?????????????????????????????????????? | 7 | ||
| 50-69.75?????????????????????????????????????? | 8 | ||
| 70-99.75?????????????????????????????????????? | 9 |
The numbers set forth in column 2 above are based upon the percentage of permanent disability set forth in column 1 above and shall be cumulative, and shall increase with the severity of the disability in the manner illustrated in subdivision (a).
(2) Two-thirds of the average weekly earnings for four weeks for each 1 percent of disability, where, for the purposes of this subdivision, the average weekly earnings shall be taken at not more than seventy-eight dollars and seventy-five cents ($78.75).
(c) This subdivision shall apply to injuries occurring on or after January 1, 2004. If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed as follows:
| Column 1-Range of percentage of permanent
disability incurred: |
Column 2-Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: | ||
| Under 10?????????????????????????????????????? | 4 | ||
| 10-19.75?????????????????????????????????????? | 5 | ||
| 20-24.75?????????????????????????????????????? | 5 | ||
| 25-29.75?????????????????????????????????????? | 6 | ||
| 30-49.75?????????????????????????????????????? | 7 | ||
| 50-69.75?????????????????????????????????????? | 8 | ||
| 70-99.75?????????????????????????????????????? | 9 |
The numbers set forth in column 2 above are based upon the percentage of permanent disability set forth in column 1 above and shall be cumulative, and shall increase with the severity of the disability in the manner illustrated in subdivision (a).
(d)(1) This subdivision shall apply to injuries occurring on or after January 1, 2005, and as additionally provided in paragraph (4). If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the basic disability payment computed as follows:
| Column 1-Range of percentage of permanent
disability incurred: |
Column 2-Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: | ||
| 0.25-9.75????????????????????????????????????? | 3 | ||
| 10-14.75?????????????????????????????????????? | 4 | ||
| 15-24.75?????????????????????????????????????? | 5 | ||
| 25-29.75?????????????????????????????????????? | 6 | ||
| 30-49.75?????????????????????????????????????? | 7 | ||
| 50-69.75?????????????????????????????????????? | 8 | ||
| 70-99.75?????????????????????????????????????? | 16 |
The numbers set forth in column 2 above are based upon the percentage of permanent disability set forth in column 1 above and shall be cumulative, and shall increase with the severity of the disability in the manner illustrated in subdivision (a).
(2) If, within 60 days of a disability becoming permanent and stationary, an employer does not offer the injured employee regular work, modified work, or alternative work, in the form and manner prescribed by the administrative director, for a period of at least 12 months, each disability payment remaining to be paid to the injured employee from the date of the end of the 60-day period shall be paid in accordance with paragraph (1) and increased by 15 percent. This paragraph shall not apply to an employer that employs fewer than 50 employees.
(3)(A) If, within 60 days of a disability becoming permanent and stationary, an employer offers the injured employee regular work, modified work, or alternative work, in the form and manner prescribed by the administrative director, for a period of at least 12 months, and regardless of whether the injured employee accepts or rejects the offer, each disability payment remaining to be paid to the injured employee from the date the offer was made shall be paid in accordance with paragraph (1) and decreased by 15 percent.
(B) If the regular work, modified work, or alternative work is terminated by the employer before the end of the period for which disability payments are due the injured employee, the amount of each of the remaining disability payments shall be paid in accordance with paragraph (1) and increased by 15 percent. An employee who voluntarily terminates employment shall not be eligible for payment under this subparagraph. This paragraph shall not apply to an employer that employs fewer than 50 employees.
(4) For compensable claims arising before April 30, 2004, the schedule provided in this subdivision shall not apply to the determination of permanent disabilities when there has been either a comprehensive medical-legal report or a report by a treating physician, indicating the existence of permanent disability, or when the employer is required to provide the notice required by Section 4061 to the injured worker.
(e) This subdivision shall apply to injuries occurring on or after January 1, 2013. If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed as follows:
| Column 1-Range of percentage of permanent disability incurred: | Column 2-Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: | ||
| 0.25-9.75????????????????????????????????????? | 3 | ||
| 10-14.75?????????????????????????????????????? | 4 | ||
| 15-24.75?????????????????????????????????????? | 5 | ||
| 25-29.75?????????????????????????????????????? | 6 | ||
| 30-49.75?????????????????????????????????????? | 7 | ||
| 50-69.75?????????????????????????????????????? | 8 | ||
| 70-99.75?????????????????????????????????????? | 16 |
(1) The numbers set forth in column 2 above are based upon the percentage of permanent disability set forth in column 1 above and shall be cumulative, and shall increase with the severity of the disability in the manner illustrated in subdivision (a).
(2) If the permanent disability directly caused by the industrial injury is total, payment shall be made as provided in Section 4659.
California Code, Labor Code – LAB § 4658.7
(a) This section shall apply to injuries occurring on or after January 1, 2013.
(b) If the injury causes permanent partial disability, the injured employee shall be entitled to a supplemental job displacement benefit as provided in this section unless the employer makes an offer of regular, modified, or alternative work, as defined in Section 4658.1, that meets both of the following criteria:
(1) The offer is made no later than 60 days after receipt by the claims administrator of the first report received from either the primary treating physician, an agreed medical evaluator, or a qualified medical evaluator, in the form created by the administrative director pursuant to subdivision (h), finding that the disability from all conditions for which compensation is claimed has become permanent and stationary and that the injury has caused permanent partial disability.
(A) If the employer or claims administrator has provided the physician with a job description of the employee’s regular work, proposed modified work, or proposed alternative work, the physician shall evaluate and describe in the form whether the work capacities and activity restrictions are compatible with the physical requirements set forth in that job description.
(B) The claims administrator shall forward the form to the employer for the purpose of fully informing the employer of work capacities and activity restrictions resulting from the injury that are relevant to potential regular, modified, or alternative work.
(2) The offer is for regular work, modified work, or alternative work lasting at least 12 months.
(c) The supplemental job displacement benefit shall be offered to the employee within 20 days after the expiration of the time for making an offer of regular, modified, or alternative work pursuant to paragraph (1) of subdivision (b).
(d) The supplemental job displacement benefit shall be in the form of a voucher redeemable as provided in this section up to an aggregate of six thousand dollars ($6,000).
(e) The voucher may be applied to any of the following expenses at the choice of the injured employee:
(1) Payment for education-related retraining or skill enhancement, or both, at a California public school or with a provider that is certified and on the state’s Eligible Training Provider List (EPTL), as authorized by the federal Workforce Investment Act (P.L. 105-220), including payment of tuition, fees, books, and other expenses required by the school for retraining or skill enhancement.
(2) Payment for occupational licensing or professional certification fees, related examination fees, and examination preparation course fees.
(3) Payment for the services of licensed placement agencies, vocational or return-to-work counseling, and résumé preparation, all up to a combined limit of 10 percent of the amount of the voucher.
(4) Purchase of tools required by a training or educational program in which the employee is enrolled.
(5) Purchase of computer equipment, up to one thousand dollars ($1,000).
(6) Up to five hundred dollars ($500) as a miscellaneous expense reimbursement or advance, payable upon request and without need for itemized documentation or accounting. The employee shall not be entitled to any other voucher payment for transportation, travel expenses, telephone or Internet access, clothing or uniforms, or incidental expenses.
(f) The voucher shall expire two years after the date the voucher is furnished to the employee, or five years after the date of injury, whichever is later. The employee shall not be entitled to payment or reimbursement of any expenses that have not been incurred and submitted with appropriate documentation to the employer prior to the expiration date.
(g) Settlement or commutation of a claim for the supplemental job displacement benefit shall not be permitted under Chapter 2 (commencing with Section 5000) or Chapter 3 (commencing with Section 5100) of Part 3.
(h) The administrative director shall adopt regulations for the administration of this section, including, but not limited to, both of the following:
(1) The time, manner, and content of notices of rights under this section.
(2) The form of a mandatory attachment to a medical report to be forwarded to the employer pursuant to paragraph (1) of subdivision (b) for the purpose of fully informing the employer of work capacities and of activity restrictions resulting from the injury that are relevant to potential regular work, modified work, or alternative work.
(i) An employer shall not be liable for compensation for injuries incurred by the employee while utilizing the voucher.