This no-fault structure was designed to -- and in fact did -- eliminate the then prevalent litigation over whether employers were negligent in causing workers' injuries. Litigation is now over other issues, such as whether the injury was sustained on-the-job or how much in benefits an injured worker is entitled to receive. The benefit structure for California workmans comp defines what injured workers are entitled to receive when they sustain an injury "arising out of and in the course of" their employment. There are five basic types of workers' compensation benefits available, depending on the nature and severity of the worker's injury: (1) medical care, (2) temporary disability benefits, (3) permanent disability benefits, (4) vocational rehabilitation services, and (5) death benefits. Injured workers are entitled to receive all medical care reasonably required to cure or relieve the effects of the injury, with no deductible or co-payments by the injured worker under California workmans comp. Generally, the employer controls the medical treatment for the first 30 days after the injury is reported, and the employee is then free to select any treating physician or facility.

However, if the employee has notified the employer prior to the injury that he or she has a "personal physician" which is defined as a physician or surgeon who has previously treated the employee, the employee may be treated by that physician from the date of injury. Choice of treating physician differs, however, if the employer and employee have opted for a managed care program. Those workers unable to return to work within three days are entitled to temporary disability benefits under California workmans comp to partially replace wages lost as a result of the injury. The benefits are generally designed to replace two-thirds of the lost wages. The temporary disability benefits are payable every two weeks, on a day designated with the first payment, until the employee is able to return to work or until the employee's condition becomes permanent and stationary. Injured workers who are unable to return to their former type of work are entitled to vocational rehabilitation services by California workmans comp if these services can reasonably be expected to return the worker to suitable gainful employment.

This includes the development of a suitable plan, the cost of any training, and a maintenance allowance while participating in rehabilitation. Once an injured worker is determined unable to return to his or her previous type of work, the employer and worker jointly select a rehabilitation counselor who will determine whether vocational rehabilitation is feasible, and if appropriate, develop a suitable rehabilitation plan. The goal of a rehabilitation plan is to return the injured worker to gainful employment, employment or self-employment that is reasonably attainable and which offers an opportunity to restore the injured worker as soon as practicable and as near as possible to maximum self-support. California workmans comp is a necessity in today's business world. Find out more at Californiaworkerscomp.com.