What Damages Am I Entitled To Recover In A Workers’ Compensation Claim?

You are entitled to lost wages, which is paid at the rate of 66 percent of your average weekly gross wages, for up to two years. You are also entitled to reimbursement for roundtrip mileage to visit doctors and pharmacies, job training benefits, permanent disability benefits, and lifetime medical care, if you settle your case with this open.

Can An Employee Who Is Receiving Workers’ Comp Benefits Also Receive SSI And SSDI Benefits?

You can receive workers’ compensation and other benefits, such as short term disability (STD) or long term disability (LTD), Supplemental Security Income (SSI), or social security disability insurance (SSDI) along with workers’ compensation. Short and long term disability plans typically have a payback provision that you need to reimburse the STD or LTD Company for period of time you collect from them and from workers compensation simultaneously. So SDT and LDT can be like a pay day advance that you must pay back. You must check with your SDT or LTD provider to see what the contract says in your particular situation. They get their money back out of the settlement funds, so the extra payments act like a settlement advance payment. Programs like SSDI let you get SSDI and workers’ compensation at the same time, so long as the combined payment does not exceed 80 percent of your pre-injury earnings. If it does, then SSDI reduces the payment, so that the combined payment is 80 percent.

Are Most Workers’ Compensation Claims Initially Denied?

Many workers’ compensation claims are initially denied. It is very important to talk to an attorney and not give up hope. Sometimes, the denial is solely in hopes that the injured worker will give up in despair. Insurance companies love people who do not stand up for their rights. The most common reason a claim is denied is due to a lack of medical evidence of the injury. It does not mean there is no medical evidence of injury but just that the claims adjuster has not yet received the medical report, or the report is not clear enough on the issues.

What Are The Risks Associated With Not Hiring An Experienced Workers’ Compensation Attorney To Handle Your Claim?

You are likely to receive medical care from an industrial clinic or urgent care facility which markets itself to work comp insurance companies as a doctor that will save them money by not ordering expensive tests and not taking the injured worker out of work, no matter the severity of the condition. You may be sent back to work before it is medically appropriate to do so. You will receive less money than the law says you are allowed to receive. The doctors will not address issues that are important to your case, unless you ask them to, and you don’t know what to ask. If you never heard of the cases Almaraz-Guzman, Lindh, Fitzpatrick, Hikida, Granados, Brodie, etc., call an attorney who knows these cases!

Why Should I Hire An Attorney Who Specifically Deals With Workers Comp As Opposed To A General Personal Injury Attorney?

The Labor Code is where the workers’ compensation laws are written. It is very specific to work injury cases only and is very complex. In addition, it is changing all the time, both in legislature and through appellate court decision. A personal injury attorney never works within the set of laws called the Labor Code, so a personal injury attorney could not do more for your work injury case than you could do for yourself.

For more information on Damages In A California Workers Comp Claim, a free initial consultation is your best step. Get the information and legal answers you are seeking by calling (562) 426-9500 today.