Legal Seafood

Benefits of Workers' Compensation in California

Workers’ compensation benefits come from an employer-paid insurance policy. Employees who sustain a work injury or illness should receive various benefits like medical treatment, financial assistance, or permanent benefits.

But challenges exist to get any or all benefits. Workers’ compensation is complicated as big business interests have a lot of control. Receiving fair and rightful workers’ compensation in California for employees can be difficult.

Helpful information and recommended actions on workers’ comp benefits are available here.

Table of Contents

Types of Workers' Compensation Benefits

There are five primary workers’ comp benefits in California for the injured that include:

Medical Care

Employees who get hurt on the job have the right to receive medical care covering all necessary treatments to help them recover. This benefit covers medical expenses like hospital services, doctor appointments, tests, diagnostics, medications and mileage reimbursements without out-of-pocket costs.

Temporary Disability

Workers who experience a temporary inability to work because of a work-related injury may qualify for Temporary Disability benefits. These payments replace employees’ lost earnings to help them maintain financial stability while they heal and return to work.

Permanent Disability

Sometimes, an employee suffers a Permanent Disability from a work-related injury or illness. These employees will need continuous medical care for the long term. They may experience a reduced capacity to work.

A calculation of Permanent Disability benefits is established on the extent of the disability and the earnings of the employee before the injury.

Supplemental Job Displacement

Supplemental Job Displacement benefits are available for employees who cannot return to their pre-injury job due to work-related injury or illness. This benefit allows employees to learn new skills and receive training for a different job skill.

Death Benefits

In the unfortunate event that an employee’s work-related injury or illness results in their death, workers’ compensation in California provides Death Benefits to their dependents. Death benefits financially assist the surviving family members of the deceased employee, including the spouse, children, and other eligible family members, with funeral expenses.

Workers Compensation Claim Form DWC1 jpg

Filing a Workers' Compensation Benefit Claim

Filing a workers’ compensation benefits claim is essential to begin the process of receiving the benefits you deserve. Act promptly and alert your employer of any work-related injury or illness within 30 days. Provide all the necessary documents and keep track of your recovery status and expenses.

Take the next step.

Contact a Worker's Compensation Lawyer

An attorney’s services can be indispensable to ensure that you receive the needed support that comes with the challenges of filing a claim and all the benefits to which you are rightfully entitled.

Thomas DeBenedetto has extensive experience as a workers’ comp attorney in San Diego. Since 1992, his law firm has secured over 1 billion in benefits for injured workers.

Thomas DeBenedetto & Associates - Workers' Compensation Attorney

Over 1 Billion in Benefits Recovered on the Behalf of Our Clients

Over 30 Years of Experience in Workers’ Compensation Claim Rights for the Injured

Pay No Fees If We Don’t Win

Immediate Medical Treatment for Your Injuries

Maximum Settlement & Benefits for Your Case

Free Same Day Case Evaluations

Denied & Delayed Cases Accepted

Stress & Psychological Cases Accepted

FAQs about Workers Compensation Benefits California

Workers’ compensation covers all necessary medical treatment, including doctor visits, hospital stays, surgeries, medications, rehabilitation services, and medical equipment related to the work-related injury or illness.

In California, you can choose your treating physician from a pre-approved list provided by your employer’s insurance company.

This list is called a medical-provided network. The doctors on this network are contracted with the insurance company to treat injured workers.

Selecting a doctor within this network who is a patient advocate who will have your best interests at heart is essential.

Temporary disability benefits compensate workers who cannot work due to work-related injuries or illnesses. These benefits typically equate to about two-thirds of the worker’s average weekly wages. They are usually available for a maximum duration of 104 weeks.

However, some exceptions allow you to receive up to 204 weeks of temporary disability. A knowledgeable attorney will be able to see if you qualify for this exception.

Yes, there is a three-day waiting period. However, you can only work for up to 14 days. In that case, you may be eligible to receive temporary disability benefits retroactively from the date of your injury.

If your injury or illness leads to a permanent disability, you may be entitled to receive permanent disability benefits. Factors such as the extent of disability, age, type of work, and earning potential determine these benefit

Permanent disability benefits are determined based on a formula that considers the nature of the disability, the worker’s pre-injury wages, and other factors.

Supplemental job displacement benefits provide a $6,000 voucher to eligible workers who experience permanent disability and cannot return to their previous employer. These vouchers are used for training, education, and necessary expenses.

California will provide an additional $5,000 cash payment to individuals utilizing their job displacement voucher. Thus, workers can receive $11,000 in total.

Complete the necessary forms and submit them to your employer’s insurance company or seek help from a workers’ compensation lawyer to guide you during the application process.

If a worker tragically passes away from a work-related injury, workers’ compensation offers death benefits to the worker’s dependents.

​But, it is complicated to establish who is a dependent. Thus, speaking with a knowledgeable workers’ comp lawyer is imperative.

In California, these benefits usually consist of financial assistance for funeral costs and regular payments to qualified dependents, including the worker’s spouse, children, or other dependents.

To apply for death benefits, the deceased worker’s dependents must notify the employer or the insurance company about the death and submit the necessary documentation.

The timeline for receiving workers’ compensation benefits varies depending on the complexity of the case and the cooperation of all parties involved.

The insurance company typically has 90 days in California to accept or deny a claim.

If approved, benefits should begin shortly after.

Employees covered by workers’ compensation typically cannot take legal action against their employers for work-related injuries or illnesses, as workers’ compensation offers an exclusive benefit.

While a work injury is an exclusive remedy. There are other circumstances where an employee can file legal action against their employer.

One of the most common scenarios for taking legal action is when an employer fails to pay an employee correct wages such as overtime. An employee can also file a lawsuit for certain types of discrimination.

Contact an experienced workers’ compensation attorney regarding these matters.

Thomas DeBenedetto • Since 1992

We Never Make Promises
We Can’t Deliver

Call Us Now To Schedule a Free Initial Consultation
with an Experienced, Ethical & Caring Workers'
Compensation Attorney in San Diego.

Remember, You Have Rights, Don’t Be a Victim!


Satisfied Clients Are Our #1 Priority

Mr. Debenedetto and Mr. Kelley were exceptional representing me in my workers compensation case and my SIBTF case. They always responded quickly in answering any questions or in resolving any problems I had. They assured that I had the best doctors and other medical providers in San Diego. They stayed on top of any reimbursements I was due for mileage, home care, landscaping and out of pocket expenses. If there were any benefits I was supposed to receive that were not provided in a timely manner by they were not afraid to go to court quickly and get those benefits. Everyone at The Law Offices of Thomas Debenedetto was friendly and helpful. In the end, he worked to get me two settlements that were for more than I ever expected. I have referred all my friends and family to Mr. Debenedetto's office and will continue to do so.

Robert W

Atty. Debenedetto and his staff are great to work with. My work comp case took longer because my employer is hard to deal with when it comes to negotiating the benefit payment. My case went back & forth with the judge. Finally, Atty. Debenedetto was able to get my employer to agree with the settlement I deserved. You guys are AWESOME!!! Thanks!!!

Elizabeth M

I would like to take this opportunity to thank Tom De Benedetto and his staff, Erin, and Don (and others) for their help while representing me in my case. Tom and staff did an excellent job representing me during my injury case that turned out to be more complicated than I had first thought.

Tom fought the insurance company and my former employer (out of state company) in a jurisdictional issue. My out of state employer was requiring me to travel to a state more than 1000 miles from my home and live in a hotel and be treated at their discretion for my injury. Tom presented my case to the judge with all the facts and won the right for me to remain at home in San Diego and receive the best medical care including surgery and consultations from the best medical physicians available. During my case, the staff kept me well informed every step of the way and were quick to respond to either my calls or emails (and I bugged Erin quite a bit).

In the end, every phase of my case had a favorable outcome for me. My case was fairly complicated and if not for the dedication by Tom and staff, I would have been left out in the cold and still suffering from my injury. Instead, I have recovered and am receiving an excellent settlement.

I highly recommend Tom De Benedetto and his staff to anyone needing representation for an on the job injury. I hope I never need representation in the future but if I do, I have Tom's number.

Bruce C

Get Help Today

Workers’ compensation benefits are rightful as employees receive necessary aid for work-related injuries or illnesses. However, you must ensure that you fully receive every benefit.

Seek out experienced legal representation. Schedule a free consultation with Thomas DeBenedetto & Associates to get all that you are entitled to.