What are the benefits?
Medical Benefits
Medical benefits are provided to cure and
relieve the effects of an injury to include,
physician’s services, medicines, hospital cost,
lab test, x-rays, crutches, even mileage
expenses for required medical care. There are
no deductibles or co-payments for these
services. The medical provider should send all
bills directly to NBSIA. If you receive a bill,
please immediately send it to NBSIA to ensure
prompt payment.
For injuries occurring on of after 1/1/04
Chiropractic, Physical Therapy and
Occupational Therapy visits shall be limited to
24 visits for each injury.
Temporary Disability (TD) Benefits
Regular school district employees may be
entitled to receive Education Code Benefits in
addition to and/or in conjunction with benefits
afforded by the Labor Code. The Education
Code Benefits include 60 days of Industrial
Leave, to include utilizing sick leave and
vacation benefits. If you are entitled to salary
continuation, through Ed Code benefits,
temporary disability benefits will be included in
your regular paycheck, as NBSIA will
coordinate these benefits afforded by the
Labor Code with your district.
If you are entitled to receive Ed Code benefits,
if your physician releases you to return to work
with restrictions and your district is able to
accommodate the restrictions on a temporary
basis, you will be brought back on a bridge
assignment, which is a temporary work
assignment or modified capacity. Your sick
leave or vacation benefits may be charged for
your absence. You may also no longer be
entitled to industrial leave benefits.
Returning to work as soon as medically possible
affords you the opportunity to maintain your
current accrued benefits.
Most injuries only keep you from working
temporarily. You will be paid temporary
disability benefits while you are unable to work
in a modified or full duty capacity. Temporary
disability may not be paid for the first three days
of disability after the injury, unless you are
hospitalized or off work more than 14 days.
These payments will continue until your doctor
releases you to return to work or determines
that your condition has reached maximum
medical improvement and you are permanent
and stationary (P&S).
Temporary Disability (TD) benefits is two-thirds
(2/3) of your average weekly wage, subject to
minimums and maximums set by the state
legislature.
Aggregate disability payments for a single
injury causing temporary disability shall not
extend for more than 104 compensable weeks
within a period of five years from the date of
commencement of temporary disability
payment, except for certain serious injuries or
conditions.
Permanent Disability (PD) Benefits
Payments may be due if you don’t recover
completely. The amount of payment is based
on:
Your doctor’s medical reports
Your age
Your occupation
How much you can earn in the future.
You will be paid every two weeks if you are
eligible. There are minimum and maximum
weekly payment rates.
Supplemental job displacement: Vouchers
may be due to help pay for retraining or skill
enhancement if you don’t recover completely
and don’t return to work for your employer. The
vouchers range from $4,000 to $10,000
depending on your level of permanent
disability and date of injury. This voucher is for
you to use at a state approved school if:
You have a permanent disability
Your employer does not offer modified
or alternative work and
You don’t return to your employer
within 60 days after your TD ends.
Death Benefits
Death Benefits are provided in the event of a
work related death, to eligible dependents, as
determined by the State of California. Benefits
are paid at the same rate as temporary
disability benefits as set out by State law. This
benefit also covers burial expenses, not to
exceed $5,000.
What if there is a problem
Workers’ compensation is a benefit system,
which provides automatic benefits to an
employee who is injured or has an illness as a
result of their employment. Therefore most
workers’ compensation claims are handled
routinely, but occasionally misunderstandings
may occur. If you believe you have not
received all benefits due to you, please
contact us at NBSIA as most questions can be
cleared up with a phone call.
If you still have concerns, you may contact the
nearest office of the State Division of Workers’
Compensation, www.dwc.ca.gov. The State
employs Information and Assistance Officers to
assist injured employees with problems and
concerns. The Information and Assistance
Officer will review your claim, advise you of
your rights and the procedures for resolving
disputes.
Some concerns may need to be resolved by
the Workers’ Compensation Appeals Board,
the State agency responsible for handling
disputes. The Appeals Board is a court of law
where you may represent yourself or retain an
attorney to represent you. If you are in need of
an attorney, please visit
www.californiaspecialist.com. If you retain an
attorney, their fees will be deducted from any
benefits awarded to you by the Appeals Board.
Attorney fees generally are 9% to 15% of your
final permanent disability award, plus an
additional amount if you receive vocational
rehabilitation benefits.
If it is necessary to go to the Appeals Board,
there is a statute of limitation in which an
application for adjudication of claim must be
filed. You have within one year from the date
of your injury, or last date you were provided
benefits, to file an application with the Appeals
Board.
“Any person who makes or causes to be made any
knowingly false or fraudulent material statement or
material presentation for the purpose of obtaining or
denying workers’ compensation benefits or
payments is guilty of a felony” LC 5401.7
An injured employee may not be
discharged, threatened with discharge, or
discriminated against because they file,
intend to file, testify on behalf of another
employee or settle a workers’ compensation
claim. All injured employees are protected
under the California State Workers’
Compensation Labor Code for such
discrimination. If it is found that an employee
has been discriminated against, the
employee’s compensation shall be
increased by one-half, not to exceed
$10,000. Any such employee shall be entitled
to reinstatement and reimbursement of lost
wages and work benefits caused by the acts
of the employer.
You may also have other rights under the
Americans with Disabilities Act (ADA) or the
Fair Employment and Housing Act (FEHA). For
additional information, contact FEHA at (800)
884-1684 or the Equal Employment
Opportunity Commission (EEOC) at (800) 669-