Death Benefits
Paid to qualified surviving
dependents of a worker who dies from a work-related illness
or injury. These benefits are paid usually at the same weekly
rate as the maximum TD benefit in effect at the time of injury/illness.
The maximum benefit will vary depending on the number of total
and/or partial dependents.
Q.Who decides where an injured employee receives
medical treatment?
A.The employer is responsible for arranging
medical treatment for the first 30 days from the date of injury.
If, prior to an injury or illness, an employee gives written
notice to the employer selecting a personal physician, then
the employee may go to this physician for treatment immediately
after an injury.
Q.Where can employees or employers get more information
concerning workers’ compensation benefits?
A.Questions about the workers’ compensation
laws, claims process and/ or benefits should be directed to
an Information and Assistance Officer at one of the district
offices of the Division of Industrial Accidents, Department
of Industrial Relations.
(See Exhibit I for a list of
the district offices).
Q.What happens if an employee
disagrees with the insurance company
on a workers’ compensation
claim denial.
A.The employee may request assistance from
an Information and Assistance Officer who will attempt to
help resolve the dispute informally. If that effort fails,
the employee can file an application for adjudication with
the Workers’ Compensation Appeals Board(WCAB). The Information
and Assistance Officer may be able to assist with this filing
unless the injured worker has retained a private attorney.
The WCAB has exclusive jurisdiction for resolution of the
dispute.
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