Limits to Workers’ Compensation

Answer:

Clients often ask if there is a cap to the amount of damages that they’re entitled to under California’s Workers’ Compensation law. As it relates to the Workers’ Compensation law, in fact, there is a cap. Your damages will be calculated based off the disability rating that the physicians within California Workers’ Compensation provide for you. That permanent disability will be translated into a percentage of total disability. That percentage has a dollar cap related to that percentage of disability. It’s important for you to find doctors that care for you and that will look to make sure that your injury is properly calculated as to the impact that injury has on your day to day life. It’s also important to understand that there are situations in which your recovery may be found outside of Workers’ Compensation. If you’ve been injured and you still think that you can work for the company, but your employer refuses to return you back to work, there’s no caps related to that type of injury because it might be covered under California Fair Employment Housing Act. Or, if your employer has retaliated against you after filing a Workers’ Compensation claim and being deemed disabled by a doctor, California labor law may also provide for remedies that don’t have a cap there. If you’ve been injured at work and you’re concerned as to what type of damages or what type of rating disability that you may be entitled to, feel free to give us a call. I’m happy to answer any questions that you may have.