Legal Question in Workers Comp in California

End of Benefits

My husband has been on workman's comp for a year & 9 months for a broken back. He has had 3 surgeries and is getting ready for a fourth next week. The doctor alludes to the fact he will be completely permantly disabled but won't come right out and say it. We know workman's comp only pays for 2 years. Our attorney says we need to file for SSDI but that comes in at less than half of what workman's comp is paying. What are our options from here? We are in the midst of purchasing a home but don't want to go forward until we have a better understanding of where we'll be income-wise in a few months. Our attorney talks a lot but doesn't seem to do much. Help!!


Asked on 7/10/08, 12:57 pm

1 Answer from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: End of Benefits

I am sorry this has happend to you and your husband.

The two year limit that you refer to is applicable to temporary disabilities. Speak to your attorney about having your husband's disability reclassified as a permanent one.

Beginning on January 1, 2005, permanent disability is based on the nature of the physical injury and the aggregate average percentage of long-term loss of income resulting from the type of injury for similarly situated employees (Lab C �4660).

Also, even if your husband eventually returns to work for pay at his old employer or any other employer, he may still be entitled to receive permanent disability payments.

If, however, your husband's current employer offers your husband regular work, modified work, or alternative work, lasting at least 12 months, the compensation may be reduced by 15 percent. Lab C �4658(d)(3)(A).

By the way, depending on the facts of your husband's injury, you may have a claim to assert against a third party (someone other than the employer) assuming a third party is in some manner responsible.

I wish your husband a speedy recovery.

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Answered on 7/11/08, 2:36 am


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