By Denise Jennex
On April 19, 2004, Governor Schwarzenegger signed a new Workers’ Compensation law that cuts deeply into the benefits that injured Californians have relied on if they were hurt or became ill on the job. He claimed he was targeting Workers’ Comp fraud, but the changes clearly strike at injured workers with valid claims. These changes have already gone into effect and every employee is affected.
The ability to obtain fair compensation for serious injuries has become more difficult at every step of the way. Navigating these new changes on your own can lead to missteps that can permanently damage the outcome of your claim.
Here are some of the major changes in the law:
Temporary Disability: A 2 -year cap has been placed on temporary disability for injuries on or after April 19, 2004. The 2-year period begins with the first payment for disability. The short timeline forces injured workers to make major decisions faster than ever.
Medical Treatment: Employer-created medical networks will provide all treatment. Those who aren’t satisfied with their care may have little option other than seeing another doctor in the network. The law severely limits pre-designating treating doctors.
Permanent Disability: Regulations are still being drafted.
Procedures: The new law provides two different procedures for deciding the validity of a claim, one for represented employees (lawyer) and another for non-represented employees.
Penalties: The new law reduces penalties for unreasonable delays, giving insurers less incentive to provide timely benefits.
If you are injured on the job, please contact the BTA office for assistance.