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New Hire Notice -- Injuries Caused By Work
What does workers’ compensation cover?
You may be entitled to workers' compensation benefits if
you are injured or become ill because of your job.
Workers' compensation covers most work-related physical
or mental injuries and illnesses. An injury or illness can be
caused by one event (such as hurting your back in a fall)
or by repeated exposures such as hurting your wrist from
doing the same motion over and over). Generally,
independent contractors, and volunteers who receive no
compensation are not covered by workers’ compensation
benefits. If you have questions about coverage, ask your
employer.
What you have to do:
If you have a work injury or illness, immediately notify
your supervisor or your employer representative so that
you can be provided a claim form. Once received complete
the “Employee” section of the claim form and return it to
your employer. Your employer will complete the
“Employer” section and return it to you to submit a copy to
the claims administrator. After review, the claims
administrator will notify you of your eligibility for benefits.
Benefits:
Workers' compensation benefits include: Medical care,
transportation cost, temporary disability, permanent
disability, supplemental job displacement voucher, and
death benefits. All benefits are tax-free.
Medical Care:
You are entitled to medical care that is reasonably
required to cure or relieve you from the effects of your
work-related injury. Medical care may include doctor visits,
hospital services, physical therapy, lab tests, x-rays, and
medicines that are reasonably necessary to treat your
injury. Providers should never bill you directly for work-
related injuries. There is a limit on some medical services.
Your employer is required to provide you with a claim form
within one business day of learning about your injury. It is
extremely important that you complete the “Employee”
section of the claim form as your employer is required to
authorize medical care within one working day after you
file the form. If additional care is necessary after the initial
treatment, the claims administrator will authorize any care
that is appropriate for your injury, including the referral to
specialists.
Your Primary Treating Physician (PTP):
This is the doctor with overall responsibility for treating
your injury or illness. The primary treating physician
determines what type of treatment you need and when
you may return to work. A multispecialty medical group of
licensed doctors and osteopathy can be designated as
personal physicians. If your employer or your employer’s
insurer does not have a Medical Provider Network, you
may be able to change your treating physician to your
personal chiropractor or acupuncturist following a work-
related injury or illness by making a request to the claims
administrator. Chiropractors may not continue as the
primary treating physician after 24 visits. If specialists,
diagnostics, etc. are needed in your case, this physician
will be responsible for making the referrals. If a medical
service requested by your treating physician or another
provider is determined not medically necessary, you will
receive information on how to appeal that decision. If you
choose to appeal you must do so within 30 days of receipt
of the decision.
If you name your personal physician before your injury,
you may see him or her for treatment in certain
circumstances. Otherwise, your employer has the right to
select the physician who will treat you for the first 30 days.
You may be able to switch to a doctor of your choice after
30 days.
Special rules apply if your employer offers a
Health Care Organization (HCO) or has a medical provider
network. You should receive information from your
employer if you are covered by an HCO or MPN. Contact
your employer for more information.
Treatment by your personal physician:
You may be treated by your personal physician if you
notify your employer prior to your injury. A personal
physician includes a medical group of licensed doctors of
medicine or osteopathy. Please have your physician
complete the attached form and return to your employer.
The following requirements must be met:
1. You must have group health coverage from any
source for non-industrial illnesses and injuries.
2. Your personal physician must agree in advance to
treat you for any work injuries or illnesses
3. Your physician must be your regular physician and
surgeon.
4. Your physician has previously directed your medical
treatment and retains your records, including your
medical history.
What happens if your employer disputes your
injury?
State law requires employers to authorize medical care
within one working day of receiving a DWC 1 claim form.
Your employer may be liable for as much as $10,000 in
medical care until your claim is accepted or denied.
Medical Provider Networks:
Your employer may be using a MPN, which is a selected
network of health care providers to provide treatment to
workers injured on the job. If your employer is using a
MPN, a MPN notice should be posted next to this poster to
explain how to use the MPN. If you have predesignated
your personal physician prior to your work injury, then you
may receive treatment from your predesignated doctor. If
you have not predesignated and your employer is using a
MPN, you are free to choose an appropriate provider from
the MPN list after the first medical visit directed by the
employer. If you are treating with a non-MPN doctor for an
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existing injury, you may be required to change to a doctor
within the MPN.
What if my employer has a Medical Provider
Network?
If your employer has Medical Provider Network additional
information can be obtained by reviewing the full
employee notification which is required to be posted in
close proximity to the workers’ compensation poster.
What if my employer does not have a Medical
Provider Network?
If your employer does not have a Medical Provider
Network, you may be able to change your treating
physician to your personal chiropractor or acupuncturist
following a work-related injury or illness within 30 days of
reporting your injury. Chiropractors may not continue as
the primary treating physician after 24 visits. You may use
the attached Notice of Personal Chiropractor or Personal
Acupuncturist form to notify your employer of this change.
Emergency Medical Care:
If you need emergency care, call 911 for help immediately
from the hospital, ambulance, fire department or police
department.
First Aid:
If you need first aid treatment, contact your employer. If
you have more than a simple first aid injury, you will need
to ask your employer for a claim form.
Temporary Disability (TD) Benefits:
You may be entitled to payments if you lose wages while
recovering. Your temporary disability rate is calculated by
multiplying your average weekly wage by two thirds. The
first 3 days of disability are not payable under California
law unless there is hospitalization at the time of injury or
the disability exceeds 14 days. If your physician returns
you to work on a modified basis, you may be entitled to
wage loss. This is generally calculated by multiplying the
difference between your average weekly wage and your
earnings during modified duties times two thirds. This is
subject to the benefit minimums and maximums set by the
California Legislature. Temporary disability benefits are
payable within 14 days of the date of injury or knowledge
of the injury. Subsequent payments are due every 14
days. Benefits will continue until your physician states you
may return to work or your medical condition is permanent
and stationary.
For injuries occurring on or after 1/1/08, no more than 104
weeks of temporary disability are payable within 5 years
from the date of injury. For longer term conditions
(hepatitis B & C, amputations, severe burns, HIV, high
velocity eye injuries, chemical burns to the eyes,
pulmonary fibrosis, and chronic lung disease) no more
than 240 weeks within five years from the date of injury
are payable. You may be eligible for state disability
benefits from the Employment Development Department
(EDD) if TD benefits are stopped, delayed, or denied.
There are time limits so contact EDD at (800)480-3287 or
www.edd.ca.gov for information on when and how to
apply.
Permanent Disability (PD) Benefits:
You may be entitled to payments if your physician says
your injury has limited your ability to work. The permanent
disability rate is calculated by multiplying your average
weekly wage by two thirds, subject to statutory minimums
and maximums. The amount of permanent disability or
impairment may depend on your doctor’s opinion, as well
as your age, occupation type of injury and date of injury.
If you have permanent disability or your claims examiner
suspects you have permanent disability, a letter will be
sent to you explaining your benefits, including the estimate
or total value of permanent disability, weekly payment
amount, how the benefit was calculated, and all of your
related rights under the California Labor Code, including
your right to object to the report upon which the
determination is being based. Permanent Disability
benefits are payable within 14 days of the last payment of
temporary disability benefit or after you physician indicates
there is permanent disability. The benefit is payable every
fourteen days. Permanent Disability benefits are not
payable until your claim is finalized if your employer
offered a job upon termination of temporary disability
benefits.
Supplemental Job Displacement Benefit:
You may be entitled to a nontransferable voucher payable
to a state approved school. To qualify, your injury must
result in a permanent impairment and your employer is
unable to offer modified or alternative work within 60 days
of receipt of a report asserting that all medical conditions
have reached maximum medical improvement. If after 60
days after receiving the doctors report your employer has
not offered you regular, modified or alternative work, your
claims administrator has 20 days to provide you
Supplemental Job Displacement Benefits. If you qualify
for the supplemental job displacement benefit, your claims
examiner will provide a voucher for up to $6,000.00. The
voucher may be used for education related retraining
and/or skill enhancement at a state accredited school,
books, required tools, license or certification fees or other
resources that can help you find a new job. There are
limits on how much you can spend on some items, but if
you qualify you will receive a letter with information for
the use of this benefit.
Return to Work Fund
If your injury results in permanent impairment and it is
determined that the amount awarded is disproportionately
low in comparison to your loss of earnings, you may be
entitled to additional compensation. A fund was
established to supplement permanent impairment benefits
under specific circumstances. This fund is administered
by the Division of Workers Compensation. Your examiner
can assist in directing you to the correct resource to
determine eligibility.
Death Benefits:
Death benefits are paid to dependents of a worker who
dies from a work-related injury or illness. The benefit is
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calculated and paid in the same manner as temporary
disability. This benefit is paid at a minimum rate of $224
per week. The death benefit rates are set by state law and
the amount depends upon the number of dependents. If
dependent minor children are involved, death benefits are
payable at least until the youngest child reaches majority
age. Burial expenses are also provided under this benefit.
Report Your Injury:
Report the injury immediately to your supervisor or to:
Employer representative: _________________________
Phone number: _________________________________
Don't delay. There are time limits. If you wait too long,
you may lose your right to benefits. Your employer is
required to provide you a claim form within one working
day after learning about your injury. Within one working
day after you file a claim form, your employer shall
authorize the provision of all treatment, consistent with
the applicable treating guidelines, for your alleged injury
and shall be liable for up to ten thousand dollars ($10,000)
in treatment until the claim is accepted or rejected. Until
the date the claim is accepted or rejected, liability for
medical treatment shall be limited to ten thousand dollars
($ 10,000). If your claim is denied, you have the right to
appeal the decision within one year of the date of injury.
Discrimination:
It is illegal for your employer to punish or fire you for
having a work injury or illness, for filing a claim, or
testifying in another person's workers' compensation case.
If proven, you may receive lost wages, job reinstatement,
increased benefits, and costs and expenses up to limits set
by the state.
Questions?
If you have questions, see your employer or the claims
examiner who handles workers' compensation claims for
your employer.
Claims Administrator:
Sedgwick Claims Management Services, Inc.
Address: ________________________________________
City:___________________ State: _______Zip: _________
Phone:__________________________________________
The employer is insured for workers’ compensation by:
_______________________________________________
How do I locate information regarding my
employer’s current workers’ compensation carrier?
For information regarding your employer’s workers’
compensation carrier, please visit the below website.
https://www.caworkcompcoverage.com
If the workers’ compensation policy has expired, contact a
Labor Commissioner at the Division of Labor Standards
Enforcement - their number can be found in your local
White Pages under California State Government,
Department of Industrial Relations.
You can get free information from a State Division of
Workers' Compensation Information & Assistance Officer.
The nearest Information & Assistance Officer is at:
Address: ________________________________________
City: _________________ Phone: ____________________
Hear recorded information and a list of local offices by
calling toll-free (800) 736-7401.
Learn more online: www.dir.ca.gov.
False claims and false denials:
Any person who makes or causes to be made any
knowingly false or fraudulent material statement or
material representation for the purpose of obtaining or
denying workers' compensation benefits or payments is
guilty of a felony and may be fined and imprisoned.
Your employer may not be liable for the payment of
workers’ compensation benefits for any injury that arises
from your voluntary participation in any off-duty
recreational, social, or athletic activity that is not part of
your work-related duties.
Denise Watson Cross
323-343-3657
P.O. Box 14629
Lexington KY
40512
916-851-8057
Sedgwick CMS
320 W. 4th Street
Los Angeles
213-576-7335
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PREDESIGNATION OF PERSONAL PHYSICIAN
In the event you sustain an injury or illness related to your employment, you may be treated for such injury
or illness by your personal medical doctor (M.D.) or doctor of osteopathic medicine (D.O.) if:
On the date of your work injury you have health coverage for injuries and illnesses that are not work related;
The doctor is your regular physician, who shall be either a physician who has limited his or her practice of
medicine to general practice or who is a board-certified or board-eligible internist, pediatrician, obstetrician-
gynecologist, or family practitioner, and has previously directed your medical treatment, and retains your
medical records;
Your "personal physician" may be a medical group if it is a single corporation or partnership composed of
licensed doctors of medicine or osteopathy, which operates an integrated multispecialty medical group
providing comprehensive medical services predominantly for non-occupational illnesses and injuries;
Prior to the injury your doctor agrees to treat you for work injuries or illnesses;
Prior to the injury you provided your employer the following in writing: (1) notice that you want your
personal doctor to treat you for a work-related injury or illness, and (2) your personal doctor’s name and
business address.
You may use this form to notify your employer if you wish to have your personal medical doctor or a doctor
of osteopathic medicine treat you for a work- related injury or illness and the above requirements are met.
NOTICE OF PREDESIGNATION OF PERSONAL PHYSICIAN Employee:
Complete this section.
TO: Cal State LA. If I have a work-related injury or illness, I choose to be treated by:
(name of doctor) (M.D., D.O.)
(street address, city, state, ZIP) (telephone number)
Employee Name (please print): ___________________________________________________
Employee’s Address: ___________________________________________________________
Name of Insurance Company, Plan, or Fund providing health coverage for nonoccupational
injuries or illnesses:____________________________________________________________
Employee’s Signature: _____________________________________________________Date: _________
Physician: I agree to this pre-designation:
Signature: _______________________________________________________________ Date: _________
(physician or designated employee of the physician)
The physician is not required to sign this form, however, if the physician or designated employee of the
physician does not sign, other documentation of the physician’s agreement to be predesignated will be
required pursuant to Title 8, California Code of Regulations, section 9780.1 (a)(3).
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NOTICE OF PERSONAL CHIROPRACTOR OR PERSONAL ACUPUNCTURIST
If your employer or your employer’s insurer does not have a Medical Provider Network, you may be able to
change your treating physician to your personal chiropractor or acupuncturist following a work-related injury or
illness. In order to be eligible to make this change, you must give your employer the name and business
address of a personal chiropractor or acupuncturist in writing prior to the injury or illness. Your claims
administrator generally has the right to select your treating physician within the first 30 days after your
employer knows of your injury or illness. After your claims administrator has initiated your treatment with
another doctor during this period, you may then, upon request, have your treatment transferred to your
personal chiropractor or acupuncturist. Chiropractors may not continue as the primary treating physician after
24 visits.
Note: If your date of injury is January 1, 2004 or later, a chiropractor cannot be your treating physician after
you have received 24 chiropractic visits unless your employer has authorized additional visits in writing. The
term “chiropractic visit” means any chiropractic office visit, regardless of whether the services performed involve
chiropractic manipulation or are limited to evaluation and management. Once you have received 24 visits, if
you still require medical treatment, you will have to select a new physician who is not a chiropractor. This
prohibition shall not apply to visits for postsurgical physical medicine visits prescribed by a surgeon, or physician
designated by the surgeon, under the postsurgical component of the Division of Workers’ Compensation’s
Medical Treatment Utilization Schedule.
You may use this form to notify your employer of your personal chiropractor or acupuncturist.
Your Chiropractor or Acupuncturist’s Information:
(name of chiropractor or acupuncturist)
(street address, city, state, ZIP)
(telephone number)
Employee Name (please print): _____________________________________________________
Employee’s Address: _____________________________________________________________
Employee’s Signature: _______________________________________________________ Date: _________
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