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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

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

  2. 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.

  3. 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.

  4. 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 for more specific information (copy and paste the link into a browser).

    You would also need admissible evidence. See

  5. If you just went to the family doc and stayed home for five'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 get 104 weeks (just TWO years) of 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.