Workers Compensation: $120 Million Return to Work Fund

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California’s Return-to-Work Supplement Program: What Injured Workers Should Know

Most people familiar with California workers’ compensation recognize the significant impact of the 2012 reform legislation, SB 863, particularly on injured workers’ access to medical care and the overall reduction in permanent disability benefits. One of the few provisions intended to offset those reductions was the creation of the Return-to-Work Supplement Program under Labor Code section 139.48.

The program was designed to provide additional financial assistance to injured workers whose permanent disability benefits may be disproportionately low in relation to the long-term impact of their work injury. Each year, the program is funded by the state and administered through the Division of Workers’ Compensation (DWC).. You can click here to get more information from the DWC website on the application process.

Who Is Eligible

In general terms, an injured worker may qualify for the Return-to-Work Supplement if:

• The industrial injury occurred on or after January 1, 2013, and

• The worker received a Supplemental Job Displacement Benefit (SJDB) voucher for that injury.

The SJDB voucher is typically issued when the employer is unable or unwilling to offer regular, modified, or alternative work within the statutory timeframes. Receipt of this voucher is a key eligibility requirement for the Return-to-Work Supplement.

Benefit Amount

An eligible injured worker may receive a one-time payment of $5,000 from the Return-to-Work Supplement Program. This payment is separate from permanent disability benefits and is intended to help offset the economic impact of a work injury when return to suitable employment is not feasible.

Application Process

The application for the Return-to-Work Supplement must be submitted electronically through the DWC’s online system. Paper applications are not accepted. The process generally requires access to a computer, scanner, and printer.

Importantly, the regulations require that the injured worker personally submit the application. There is no provision allowing an attorney to file the application on the worker’s behalf. As a result, workers who lack access to the necessary technology may need to visit a local DWC district office, where public-use computers are typically available.

Click here for instructions on how to fill out the online application:

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