Medical Treatment

You have the right to receive medical treatment for your work-related injury.

• The first 30 days - Your employer can tell you where to go for treatment for the first 30 days after they have notice of the injury.
• Demand a New Doctor - If you are not satisfied with the doctor, you may still demand a new treater during the 30 days after your injury.  You may request a medical doctor, chiropractor or acupuncturist.  Your employer must provide you with a new treater within five days of your request.  Otherwise, you may select your own treater.  (LC §4601)
• Free Choice of Treater after 30 Days within MPN - Whether or not you demand a new treater during the 30 days following your injury, 30 days after your employer has notice of your injury or illness, you are free to select your own treater as long as his/her office is "within a reasonable geographic area" and provided your employer has not established a medical provider network (MPN) (LC §4600(c).  If your employer has established a MPN, you are free to select a physician from the MPN last and if you are not satisfied with that physician with regards to either diagnosis or treatment prescribed, you can select and other doctor off the MPN list.  (LC §4613.3)

Temporary Disability

You are entitled to receive wage-replacement benefits while you are recovering from your work-related injury if your doctor indicates you are temporarily unable to return to work.

• You are entitled to temporary disability benefits in the amount of 2/3 of your lost wages as long as your doctor keeps you off work and you are recovering from your injury or illness.
• For injuries sustained prior to April 19, 2004, temporary disability payments are limited to 240 weeks within a five-year period from the date of the injury. 
• For injuries sustained on or after April 19, 2004, temporary disability payments are limited to 104 weeks within a two-year period from the date the first payment of temperate disability money (This means that for injuries sustained after April 19, 2004, the 104-week/two-year time clock begins ticking immediately upon receipt of the first temporary disability payment, regardless of whether you actually receive 104 weeks of temporary disability payments).  (LC §4650 & LC §4656)

Permanent Disability

If your injury causes a permanent disability, you are entitled to be compensated for the disability even if you are able to return to work.

Vocational Rehabilitation

The Supplemental Job Displacement Voucher (SJDV) - If you cannot return to your usual job, you may be entitled to job retraining benefits.  (LC §139.5 & LC §4658.5)  Benefits are as follows:

• Up to a $4000 SJDV for injuries resulting in less than a 15% disability
• Up to a $6000 SJDV for injuries resulting in a 15% to 25% disability
• Up to an $8000 SJDV for injuries resulting in a 26% to 49% disability
• Up to a $10,000 SJDV for injuries resulting in a disability of more than 50%

Other Benefits

Treatment Includes Mileage, Medication, Etc.

Your employer is required to provide all treatment that is reasonable and necessary to cure or relieve you from the effects of your industrial injury or illness.  Such treatment includes "medical, surgical, chiropractic, acupuncture and hospital treatment, including nursing, medicines, medical & surgical supplies, crutches and apparatus, including orthotic and prosthetic devices and services... and mileage" (currently 48.5 cents per mile).  Most insurance companies will compare your mileage reimbursement requests to the doctor's billing records as well as an internet map-service to check for accuracy.  Keep an accurate record of every mile driven to your doctor's office, hospital, physical therapist, etc., and keep a copy of your reimbursement request when you submit it to the insurance company.  (LC §4600)

Light-Duty While Recovering from You Injury or Illness

If your employer offers you "light-duty" that meets all of your doctor's limitations, you should attempt to perform the light-duty job since your refusal to do so could lead to disciplinary action and the insurance company would not have to pay you temporary disability benefits.  Keep a copy of your doctors work limitations with you at all times and refuse to perform work that exceeds them.

Looking for Other Jobs

When interviewing job applicants, employers may not ask (verbally or on an employment application) questions about the applicant's health or medical history. Also, employers may not inquire whether the applicant has ever filed a Workers' Compensation claim.  However, employers may ask about an applicant's ability to perform specific tasks.