How are Workers Comp Claims Calculated in California?

Worker’s comp claims are beyond important. They can almost literally mean the difference for life and death for those making them, especially when it comes to the dollar amounts that are involved.

You want to get as much as you can, of course, but you need to know how to do that, and you need to know how the law works as well. What follows is an answer to the most important question of all: How is workers comp calculated in California?

The Basics

Start with the legal requirements. State law in California says you’re entitled to two-thirds of your pretax gross wage, but that figure also comes with a maximum allowable amount as well as a minimal amount.

These amounts change from year to year, but we’ll use 2018 as an example. The minimum amount that year was just over $180, while the maximum was slightly more than $1215

Another factor in these calculations is whether your from has a “Disability Leave with Pay” program. In this program, the employer takes what the state allows and adds money to it, with the goal of paying you your normal wages.

Most of the math is fairly basic here, but if you happen to have a disability, you should also be aware that you may be eligible for a program called Supplemental Job Displace Benefits.

That program allows for a voucher of up to $6K in vocational skills training, and it also makes you eligible for up to $10K as compensation for any medical costs, hospital expenses, physical therapy and doctor’s visits if those are necessary while your claim is under consideration.

Possible Legal Issues

While many people can do these calculations and handle their situation on their own, there are exceptions to that general rule.

Some people have medical issues that necessitate second opinions from different physicians, and those opinions can change the amount to which you’re entitled.

If you’re in a situation like that, you may need help with some of the mathematical and legal intricacies. It’s important to understand the law, know how it works and to hire a firm with experience handling these kinds of cases. And if you do hire a lawyer, the law says that legal fees are paid via your workers’ compensation benefits, so there’s no extra expense if that turns out to be the case.

To learn more, you can go to cwilc.com and get all the necessary information to go forward and get the maximum amount allowed by California law.

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