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Workers Compensation while student-employee at occupational center?

Chatsworth, CA |

Laceration to stomach while lifting tool chest handle. I am a student at los angeles occupational center currently but they made me Fill out DWC 1? Whats next ? 1inch and half cut with purple all around .... I was not paid but got tips from client for hair cuts... where do i stand? what compesation would i be entitled to if was not paid a salary?


All input and info welcomed....

Attorney Answers 3


My first question is: How serious is the injury? If you only received first aid and the laceration is healing, you have a claim but its value is likely extremely small or non-existent. If it heals, there is no permanent disability. If it is healing and you are able to continue doing your studies and your practicing, there would be no period of temporary disability. If the center is providing you with the necessary medical treatment, you have no issue there. In short, it does not sound like there is much to do except let it heal, be happy it is not worse, and move on.

If the injury is more serious, that might change the analysis.

Minor injuries are rarely worth filing legal action over, especially if you are being taken care of.

The information given is generic and does not constitute legal advice, which would only be given after a complete review of the specific facts of your case.

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Where do you stand? You're an injured worker receiving comp benefits... sounds like everybody is just following the California Labor Code.

What Compensation would you be entitled to? Same as the rest of California: 2/3 average weekly earnings as Temporary Disability payments for each date a physician writes you are physically completely unable to do any work for anyone.

A 1 inch cut wouldn't cause any physician of which I'm aware to write you are unable to perform any type of work for any one.

So if no physician wrote you are Temporarily Totally Disabled, you are entitled to NO temporary disability payments.

You are entitled to change treating physicians within the Comp Insurer's Medical Provider Network if you are not getting adequate can find most Comp carriers MPN lists online. YOu should have received a letter from the Comp Carrier with the website to look at the physicians and pick a new one, if you need to do so.

If the healed scar leaves you with any percentage of 'Whole Person Impairment' then but only then would you be entitled to permanent disability payments. It's unlikely such a healed wound would result in any Whole Person Impairment.

I'll attach the Division of Industrial Relations answers to simple questions. Read it. It's helpful.

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I do have abdominal pain (muscular?) when I sit down.... Another thing scared of any possible infections since it did go pretty deep and salon area is considered biohazardous ... as far as payment 2/3, I was a student again (no Pay) but yet they filled out DWC-1 ? Worker (no pay ) / student entitled to benefits ? Medical coverage only or some sort of compensation? Thanks again

Nancy J Wallace

Nancy J Wallace


Again, ONLY IF the Treating PHysician writes you are TOTALLY temporarily disabled, unable to perform any type of work for anybody, would you be entitled to the $130/wk min. Lower earners to get the minimum TTD rate... if you are NOT totally disabled, NO TTD payments are due. You'll just get medical treatment.


My colleages hve given you some good advice. It sounds like you may want to talk to a good workers' comp attorney. This may be more complicated than the three responding attorneys realize. I suggest you consult with a w.c. attorney. That consult is free. Find a good attorney here at or at CAAA is the association for attorneys here in California who represent injured workers. Good luck.

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