Legal Question in Workers Comp in California
DOI: 2/9/11. 23 Male. Left my job while on workers comp but good terms with my employer on 7/20/11. Position: Medical Data Entry Specialist for a big Chiropractic billing service in which I did all the charges for over 100 different doctors for 4 and a half years. I have a claim accepted for bilateral wrists, left shoulder, Cervical neck on 5/9/11. The diagnosis my doctor has given me is Cervical Radiculopathy but I'm awaiting my MRI tomorrow to see what the real outcome is. March through may involved 12 physical therapy visits and 6 acupuncture visits for my shoulder. Nothing is truly resolved. Symptoms are still present to this day. (From 2/9/11-6/6: I averaged 38hrs a week at work and working without restrictions.
My question for you is regarding being out of work presently. Will I receive any type of payment while not working because of my injury?
2 Answers from Attorneys
You are entitled to temporary total disability only if a health care provider says yo can not work because of your injuries. Since you worked for 4 months after the accident, it is hard to see that anyone would say that.
You are entitled to temporary disability benefits which is 2/3 of your salary. You need a doctor to certify you for disability. Feel free to call us at 213.388.7070 for a free consultation.