Legal Question in Workers Comp in California
Hi Im finally at Permanent and stationary status...It,s been 39 months..So far not a cent from Workers comp since accident in 2014...So my question is... When can I see Payments, Or will I have to wait till settlement? Been too long, system didnt design WC for injured to last financially.
1 Answer from Attorneys
You might NEVER see a cent from the insurer. It all comes down to what the Primary Treating PHysician wrote and -- if anybody objected to that -- what the Qualified Medical Evaluator wrote. If either wrote you only have 2 or 3 percent Whole Person Impairment ( WPI ) and the adjuster thinks you received a few weeks of TTD that you should not have received, the adjuster can say you have already been paid all that you deserve and pay you nothing more.
THIS SYSTEM WAS DESIGNED to force injured workers to return to the work force and pay income taxes again. Most people only get $230/week on Permanent Disability and there in Colton, you can't live on $230/Week (safely, anyway). I know, I'm at the other end of Mt. Vernon.
YOU SHOULD HAVe applied for Unemployment Insurance at the EDD. If you reached Maximum Medical Improvement (our fancy schmancy word now for Permanent & Stationary) and the old boss wouldn't make a new job for you with your permanent restrictions, you were UNEMPLOYED. Your Unemployment date was the date the Primary Treating Physician said you were at maximum medical improvement with permanent restrictions. Go to www.edd.ca.gov and start the process. It's going to take time; you'll like be turned down the first go-around because you've been out of the workforce so long, so you will need to appeal the rejection and explain you were first able to work the date the PTP released you and you've been looking for work since that date.