Modesto Workers Compensation Lawyer

After a work-related injury, many people aren’t sure what they’re actually entitled to under California’s workers’ compensation laws. The system is benefit-based, but what you receive depends on your medical condition, your employment status, and how your claim is handled.

Understanding your rights is the first step toward receiving what workers’ compensation benefits you’re owed.

Temporary Disability (TD) Benefits While You Recover

Temporary Disability (TD) benefits provide income replacement while you’re unable to work due to a job-related injury. Payments begin after a doctor confirms you can’t work for at least three days or you’re hospitalized overnight.
These benefits continue during your recovery but stop once a doctor clears you to return to work or determines that your condition is permanent and stable.

Key Facts:

• Payments equal two-thirds of the gross (pre-tax) wages, up to a state-set maximum pay.
• Begin once your doctor confirms you can’t work for more than 3 days or get hospitalized overnight.
• Lasts up to 104 weeks within 5 years from your injury date.

Permanent Disability (PD) Compensation for Long-Term Impairment

If your injury leads to lasting physical or mental limitations, you may be entitled to Permanent Disability (PD) benefits. These payments begin after your doctor determines your condition has reached maximum medical improvement (MMI), meaning further recovery is unlikely.
PD benefits are based on your level of permanent impairment and are designed to compensate you for reduced earning capacity due to your injury.

Key Facts:

• Your PD rating is assigned based on QME/AME reports under Labor Code §4660.
• Ratings factor in your age, occupation, and extent of permanent injury.
• You don’t need to lose your job to receive PD, but benefits may not fully replace lost wages if you do.
• Payments may be issued weekly or as a lump sum, depending on the case.

Medical Care Paid by Your Employer’s MPN or HCO

Your employer is legally required to pay for all necessary and approved medical care through a Medical Provider Network (MPN) or certified Health Care Organization (HCO).

Key Facts:

• Benefits include all related medical expenses, doctor visits, surgery, prescriptions, rehabilitation, imaging, and medical equipment.
• All treatments must comply with the Medical Treatment Utilization Schedule (MTUS); only those that meet MTUS guidelines will be covered.

Supplemental Job Displacement Vouchers (SJDB)

If your injury prevents you from returning to work and your employer fails to offer modified or alternative work within 60 days of receiving your PD report, you may qualify for a Supplemental Job Displacement Benefit (SJDB) voucher. You can use this benefit to train for a new career from state-approved training providers.

Key Facts:

• Your injury must permanently or permanently-partially disable you from working.
• The voucher provides up to $6,000 for education, retraining, certification programs, tools, books, and related expenses.
• Vouchers are non-transferable and expire 2 years from the issue date or 5 years from the injury date, whichever comes first.

Death Benefits for Families of Deceased Workers

If a worker dies due to a job-related injury or illness, their dependents may be entitled to death benefits under California workers’ compensation law.

Key Facts:

• Benefit amounts range from $250,000 to $320,000, depending on how many dependents (spouse, children, or other family members) are eligible.
• Burial allowance is up to $10,000 to help cover funeral costs.
• Claims must be filed within 1 year of the death or within 240 weeks of the injury date (whichever is sooner).