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On
This Page:
- New! Workers' Compensation Update: New Law Extends Period for Temporary Disability Payments to Injured Workers, 2008
- New! Returning to Work After a Job Injury: Tools for Injured Workers and Unions, 2007, in English, Spanish, and Chinese
- Workers' Compensation Update: Predesignating a Medical
Group, 2007
- Guidebook
for Injured Workers, 2006 edition, in English and Spanish
- Medical Care Booklet and Factsheet for Injured Workers, 2006
- Carve-Outs Booklet for Unions and Employers, 2006
- Workers'
Compensation Video
- Research
- Additional
Workers Compensation Resources
- Workers'
Compensation Navigator Workshops
- Union
Training
New!
Workers' Compensation Update: New Law Extends Period for Temporary Disability Payments to Injured Workers, 2008
by Juliann Sum
If you get hurt on the job, workers’ compensation temporary disability (TD) benefits are payments you receive if your injury prevents you from earning your usual wages while recovering. Under legislation in 2004, if you were injured on or after April 19, 2004, you could receive TD payments for up to 104 weeks, but in most cases the payments stopped after two years. This was regardless of whether you received the payments continuously over the two years.
Legislation in 2007 extended the ending date. If you are injured on or after January 1, 2008, you may be eligible to receive 104 weeks of TD payments within a five-year period. This new law is beneficial for workers who can return to work part of the time while recovering but whose recovery extends past two years, either because of the kind of injury they have or because of delays in treatment.
Note: The time limits described above do not apply to workers whose injuries involve acute and chronic hepatitis B, acute and chronic hepatitis C, amputations, severe burns, human immunodeficiency virus, high-velocity eye injuries, chemical burns to eyes, pulmonary fibrosis, or chronic lung disease.
This information updates page 48 of Workers' Compensation in California: A Guidebook for Injured Workers, Third Edition, November 2006 (English version) and Compensación del Trabajador de California: Una Guía para los Trabajadores Lesionados, Tercera Edición, Noviembre de 2006 (Spanish version). The guidebook is available online (click titles above).
The laws governing the ending of TD benefits are in section 4656 of the California Labor Code. To download section 4656, go to www.leginfo.ca.gov (link to: California Law).
Click here for a PDF version of this Update.
Juliann Sum is an attorney with the Labor Occupational Health Program, University of California at Berkeley.
New!
Returning to Work After a Job Injury: Tools for Injured Workers and Unions, 2007
LOHP's booklet, Returning to Work After a Job Injury: Tools for Injured Workers and Unions, is now available in English, Spanish, and Chinese. It includes important information and resources that unions can use to negotiate with employers to allow injured members to return to work.
The booklet demonstrates how employers can save money, avoid fines and penalties, and increase overall health, productivity, and competitiveness of the business by designing and implementing effective return-to-work programs. Also included are descriptions of additional resources and references to applicable laws and regulations.
Only online versions are available at present. Click here to see the booklet online in English. Click here for Spanish. Click here for Chinese. (PDF)
New!
Workers' Compensation Update: Predesignating a Medical Group,
2007
by Juliann Sum
If your employer
offers group health coverage for medical conditions unrelated
to work, you have a right to "predesignate" your
regular doctor who is your personal physician. This means that
you may be treated by this doctor for a job-related injury or illness
if you notify your employer in writing before you are injured.
Legislation in 2006 and regulations adopted in Feburary 2007 have
expanded this right. As of January 1, 2007, workers who have the
right to predesignate their regular doctor may also predesignate
a medical group if the medical group meets certain criteria. The
current requirements for predesignating are described below.
This information updates page 13 of Workers'
Compensation in California: A Guidebook for Injured Workers, 3rd Edition, November 2006.
The laws governing the right to predesignate are in section 4600(d)
of the California Labor Code. The regulations are in sections 9780
to 9783.1 of title 8 of the California Code of Regulations. To
download the laws, go to www.leginfo.ca.gov (link to: California
Law). To download the regulations, go to www.oal.ca.gov (link to:
Cal. Code Regs.).
HOW TO PREDESIGNATE
To predesignate your personal physician (if you are eligible
to do so), you must notify your employer in writing. You may prepare
your own written statement, use optional DWC Form 9783 provided
by the state Division of Workers' Compensation, or use a form provided
by your employer. To download DWC Form 9783, go to: www.dir.ca.gov/dwc (link to: Forms). Note: If your employer or the insurer has a contract
with a health care organization, you must use a different form,
discussed on page 14 of Workers' Compensation in California:
A Guidebook for Injured Workers.
Make sure
to include the following information:
- Name of
your employer.
- A statement
that if you are hurt on the job, you designate your personal
physician to provide medical care. Give the name, address, and
phone number.
- Your name.
- Your
signature.
- Date.
You can predesignate a doctor of medicine (M.D.) or doctor of
osteopathy (D.O.) who treated you in the past and has your medical
records. The doctor must be a general practitioner, internist,
pediatrician, obstetrician- gynecologist, or family practitioner
who is your primary care physician. You cannot predesignate your
personal chiropractor or acupuncturist, but if you give your employer
the name of your personal chiropractor or acupuncturist in writing
before you are injured, you may switch to this chiropractor or
acupuncturist upon request, after you first see a doctor chosen
by a claims administrator (a person who handles workers' compensation
claims for your employer).
You may also
predesignate a medical group if it meets the following criteria:
- Is composed
of licensed doctors of medicine (M.D.) or doctors of osteopathy
(D.O.)
- Offers
and coordinates both primary care and care in other medical specialties
- Mostly
treats medical conditions that are unrelated to work.
The individual physician or medical group you predesignate must
agree in advance to treat you for any job injuries and illnesses.
The agreement must be documented, either by the physician, an employee
of the physician, or an employee of the medical group signing the
predesignation form, or by some other form of documentation. Include
the documentation when you give your employer the predesignation
form or statement.
Workers' Compensation Guidebook,
Third Edition, November 2006
Now Available
in English and Spanish
LOHP's third
edition of Workers' Compensation in California: A Guidebook
for Injured Workers, is now available in both English and Spanish. The guidebook gives an overview
of the California Workers' Compensation system as of November
2006. It
is meant to help workers with job injuries understand their basic
legal rights, the steps to take to request workers’ compensation
benefits, and where to seek further information and help if necessary.
Topics
include the basics of workers' compensation, steps to take after
getting hurt on the job, medical care, resolving problems with
medical care and medical reports, temporary disability benefits,
working for your employer after injury, permanent disability,
and benefits when you need to change jobs. There are also a resource
list, references to important laws and regulations, and a glossary.
The
guidebook was produced by U.C. Berkeley's Institute of Industrial
Relations (IIR) and LOHP under a contract with the California
Commission on Health and Safety and Workers’ Compensation
(CHSWC).
Only
online versions are available at present, although printed copies
may be offered in the future.
Click
here to see the guidebook online in English or Spanish. (PDF)
See below for
a description of the
booklet, Getting
Appropriate Medical Care for Your Injury, written in October
2006. (The information in the booklet
has been incorporated in the new third edition of the guidebook.)
(Guidebook
cover and inside photos by Robert Gumpert.)
Medical Care Booklet and Factsheet for Injured Workers, 2006
Getting appropriate
medical care for a work-related injury or illness has become increasingly
complicated. Recent changes in the California workers' compensation
system include medical care provided while a new claim is being
investigated, use of medical treatment guidelines, limits on chiropractic
and other types of treatment, the utilization review decision-making
process for authorizing treatment, medical provider networks created
by employers and insurers, and new rules on predesignating your
personal physician.
LOHP's new booklet, Getting
Appropriate Medical Care for Your Injury, discusses injured
workers' rights, steps to take, and where to go for help. It
describes California workers' compensation rules and procedures
as of October 2006. An introductory factsheet, The Basics
About Medical Care for Injured Workers, answers basic
questions about workers' compensation medical care and resources
for injured workers.
The booklet and factsheet
were prepared by UC Berkeley's Institute of Industrial Relations
(IIR) and LOHP in collaboration with the California Department
of Industrial Relations, the Commission on Health and Safety
and Workers' Compensation, and the Division of Workers' Compensation.
Only online versions are available at this time. Click
here to
see and download the booklet, which is 28 pages long, and click
here for
the factsheet, which is 2 pages long. (PDF)
Carve-Outs Booklet for Unions and Employers, 2006
 California workers' compensation law allows labor unions and employers to "carve out" alternative systems for delivering benefits to injured workers and resolving problems and disputes. Creating a carve-out can help avoid the delays, excessive costs, and adversarial interactions that often characterize the state system.
LOHP's new booklet, How To Create a Workers' Compensation Carve-Out in California: Practical Advice for Unions and Employers, 2006, discusses important issues to consider in designing a carve-out and ensuring its success. Topics include reasons to create a carve-out, eligibility requirements, identifying problems and goals, designing the carve-out to meet your goals, hiring the best people, and staying involved in the operation of the carve-out.
The booklet
was produced by U.C. Berkeley's Institute of Industrial Relations
(IIR) and LOHP under a contract with the California Commission
on Health and Safety and Workers' Compensation (CHSWC). Only
an online version is available. Click
here to see and download the booklet, which is 40 pages
long. (PDF)
(Booklet
cover photo by Robert Gumpert.
Workers'
Compensation Video
 LOHP's
video explains the California workers'
compensation system. You can learn about workers' rights
and responsibilities, as well as procedures to follow.
The
video is intended for all workers, whether or not
they have had a job injury. It explains the system in clear, non-technical
language. It was designed by LOHP
under contract with the California Commission on Health and Safety
and Workers' Compensation. The project was conducted in close
collaboration with representatives from many sectors of the
California workers' compensation community.
Getting
the Video
The
16-minute video can be viewed online at the Commission's website.
Click here.
The
Commission's
website also has information on ordering copies of the video.
Or phone the Commission at (510) 622-3959.
Research
LOHP
also conducts applied research about the workers' compensation system
and advises policymakers. In 1996, we completed a major study for
the California Commission on Health and Safety and Workers' Compensation.
Our
report to the Commission, called Navigating the California Workers'
Compensation System, describes injured workers' experiences
in trying to obtain information and help with their claims. It documents
why workers need clear information about applicable laws and procedures.
Its findings led LOHP and the Commission to develop the factsheets
and video described above.
Navigating
the California Workers' Compensation System can be viewed online.
Click
here.
A
new report, Return-to-Work in California: Listening to Stakeholders'
Voices, was prepared for the Commission in 2001 by LOHP
staff in collaboration with UC Berkeley's Institute of Industrial
Relations and Center for Occupational and Environmental Health.
It describes the experiences of injured workers and other
involved parties with the return-to-work process. This report
can also be viewed online.
Click
here.
Additional
Workers' Compensation Resources
Click
here for links to other workers' compensation resources.
Workers'
Compensation Navigator Training Workshops
LOHP
conducts a two-day intensive training workshop
for labor and community activists to enable them to:
- Educate
injured workers on how to exercise their rights and obtain necessary
care
- Strengthen
organizing and collective bargaining strategies for injured workers
- Help
promote policies to protect injured workers' rights and improve
access to services.
The
workshop covers all major aspects of the California workers'
compensation system, resources in the community, and strategies
for protecting
workers' rights.
It is geared for leaders and activists,
including shop stewards, health and safety committee members, regional
organizing committee members, staff, rank-and-file members, and
elected labor officials.
Our next workshop will be held in Fall 2008.
If you have questions or would like more information, contact Project Coordinator Juliann Sum: jsum@berkeley.edu or phone (510) 642-5507.
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For Navigators Only
If you have completed the workshop,
Click here for more information.
(Password required.
Please use Internet Explorer to view these pages )
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Union
Training
LOHP
staff can also plan and present workers' compensation training
that is tailored for individual unions and
other organizations. To discuss training for your organization,
contact Coordinator Juliann Sum: jsum@berkeley.edu,
or phone (510) 643-7593.
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