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Workers' compensation

Santa Monica, CA |

If I was injured in my work for five years and my job can make average $4000/mo. I missed my work for five years. How much money shall I receive for my worker's compensation? Now, I covered all my injuries. It is not permanent disability. I am healthy now. All injured parts are already recovered. Please advise.

Attorney Answers 5

Posted

I'm not sure your question is one that can be answered with the information that you have provided.

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Posted

Generally, you get paid two ways in CA workers' comp. You receive temporary, total disability indemnity (TTDI) for any time you are off work (up to 104 weeks) on doctors orders. This is paid at 2/3 of your wages with certain limits. the second way you get paid is permanent partial disability (PD). This is only paid if you have permanent restrictions in your activities of daily living caused by the work injury. Since you report full recovery, that would mean no PD.

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Posted

In workers' compensation in basic terms there is no lost earnings as a benefit, especially if you have fully recovered. You can get temporary disability while you are off getting treatment (with limitations) and permanent disability/settlement money if you have something that hasn't fully recovered. Assuming it took you 5 years, perhaps medically there is some value even if you have no restrictions. More info is needed.

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Posted

It is not clear from your question whether you can prove a work-related injury caused temporary disability for five years. If this is a work injury covered by California law (i.e., you are not a postal worker or worked at Indian casino, etc.), there is a limit of 104 weeks of temporary disability and depending on date of injury, the amount is capped at a maximum. See http://www.wcwebzine.com/a-z/temporarydisability.htm for more specific information (copy and paste the link into a browser).

You would also need admissible evidence. See http://www.wcwebzine.com/magazine/issue1-4-13/admissibleevidence4-13.htm.

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3 comments

Asker

Posted

thanks. My attorney never follows those rules. I didn't get paid by 2/3 my weekly earning. I also didn't get paid within 14 days for temporarily disability. She wrote me as permanent disability which is not true. How can I change the statements?

Asker

Posted

I got paid from State Fund Insurance company after two years for Temporary disability. She never wanted to settle the case until 5 years and gave me small amount settlement and wrote me as permanent disability. Now, I want to go to the worker's compensation board to remove those error statements.

Marjory Harris

Marjory Harris

Posted

An attorney cannot give specific advice which you could rely on without knowing the specific details of your case, including current legal status, and reviewing all the documents.

Posted

If you just went to the family doc and stayed home for five years...you'll likely get nothing You'll need a treating physician from the Insurers network to write that you are entitled to ANYTHING before you get anything.

If you have a physician from the COMP INSURER's Medical Provider Network and that doc wrote you were Temporarily Totally Disabled for 5 years...you get 104 weeks (just TWO years) of payments...so long as the insurer has no defense to this.

You've got fantabulous workers comp attorney specialists there in Santa Monica... sounds like you should look up one.

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