Legal Question in Workers Comp in California

If the injury has been deemed work related or work aggravated you are entitled to full benefits, whether in the past or for the future. Unreasonable failure to pay benefits can result in a 10% penalty against the carrier. You do not get full wages, only 2/3rds but tax free so it will be close to your take home pay, but also limited to a certain maximum and minimum. The cost of all medical treatment should also be picked up; if you paid it through your normal medical insurance you might be able to get them to discount what they will accept as full payment and you keep the rest. You may also be entitled to vacation and sick leave time you would have earned had you remained at work.

It sounds as though you have little knowledge of WC so you should see an experienced attorney to determine what benefits you may be entitled to, whether the rating you got is fair, any penalty sums, employer benefits, etc. The WCAB sets the amount of attorney fees, between about 9-12%, but perhaps you can get an attorney to accept a smaller percentage since most of the work on the matter has already been done. based upon my extensive experience as a WC employer's counsel, I strongly suggest you get legal help.

Yes, they have to pay you retro temporary disability benefits for the past 21 months. Feel free to call us at 213.388.7070 for a free consultation.