Legal Question in Workers Comp in California

1. IF the "Company Doctor" wrote you have any work restrictions, and the company is not providing modified duties matching those restrictions, THEN the company's Workers Comp Insurer owes you Temporary Total Disability payments...so you write/fax the Comp Insurer for TTD starting March 11 for the company's failure to provide modified duty.

2. IF the "Company Doctor' wrote you have NO RESTRICTIONS, then you can accept all reasonable offers of work, then you are not temporarily (partially) disabled, you are simply Unemployed and due Unemployment Insurance... but be very very careful not to tell EDD you have "disability" or you get no Unemployment money.

3. Handing the employer a Workers Compensation Claim Form (DWC-1) already started a Lawsuit against the employer. The action of handing a claim form to an employer creates 'jurisdiction' (judgement power) over you and the employer as the claim progresses, so no need to 'sue' the company for the injury. The state agency governing your injury and recovery is the Workers Compensation Appeals Board, WCAB. Check it out at www.dir.ca.gov .

4. Pro Bono means For Good... used to be Pro Bono Publico, for the Public Good, and typically means a lawyer is representing a client for free. YOU NEVER WANT AN ATTORNEY WHO WORKS FOR FREE because they handle that case very last and spend the least amount of effort possible. Hiring a lawyer in comp will get you an average of 3 times the recovery -- 300% -- and you only pay 15% of the final recovery and you never pay it directly, it's ordered paid by the insurer out of your award at the end. BEST. BARGAIN. EVER.

You can apply for state disability while treating even if insurance company denies your claim. State disability pays you more than unemployment for one year. The insurance company doctor may not certify you for disability for the entire year, therefore you are better off if you change your doctor ASAP. Feel free to call me at 213-388-7070 for a free consultation.