What is the maximum amount of compensation I can receive for a workers' compensation claim?
In California, the maximum amount of compensation you can receive for a workers’ compensation claim depends on the injuries sustained. Generally, the maximum amount of compensation an injured worker can receive is either the maximum benefit rate in effect when the injury occurred, or the total amount of medical expenses and disability benefits the worker received. This maximum amount includes medical benefits, temporary disability benefits, permanent disability benefits, death benefits, and job retraining benefits. When an injured worker has received the maximum amount of workers’ compensation benefits and still requires medical care, they may also be eligible to pursue additional compensation through a third-party lawsuit. In such a case, the injured worker may be eligible to recover punitive damages, pain and suffering, and other damages not covered by workers’ compensation. In California, the maximum amount of death benefits a surviving spouse or children can receive for a worker’s death due to an industrial accident is currently capped at $300,000. Under state law, an injured worker is also entitled to reasonable compensation for lost wages as well as payments for any necessary vocational rehabilitation or assistance with job placement. This compensation is usually added to the worker’s total compensation amount. In general, the maximum amount of compensation an injured worker can receive for a workers’ compensation claim in California is the maximum benefit rate in effect when the injury occurred, plus any additional benefits possible through a third-party lawsuit.
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