Legal Question in Workers Comp in California

You should receive temporary disability benefits eventhough you have been laid off. You need to continue your treatment and as long as you are continuing tratment you need to receive benefits. You are also entitled to a settlement and future treatment including any possible surgery. Feel free to call us at 213.388.7070 for a free consultation.

Your employer is responsible to pay for your temporary disability and medical treatment. You might have a wrongful termination case as well. If you would like a free consultation, please contact me on my cell phone tomorrow any time at 818 943 0462.

Understand... it's the employer's WORKERS COMP INSURANCE CARRIER that owes you benefits, but first it will investigate.... maybe as long as 90 days.

The insurance adjuster for the employer's comp carrier doesn't know about your conversations with your supervisor. We don't know if your supervisor will admit you were telling him about the injury last June.

You write you've been getting Steroid injections .... you paid cash for those? Your employer paid cash for those?

I'm thinking you used your PRIVATE INSURANCE for back treatment and that's a problem.

Private insurance does not cover work injuries, so the billing on that treatment likely said you had no industrial injury.

If the adjuster issues a 'denial' of the claim, then the insurer and employer have no further responsibility until you prove at the Workers Comp Appeals Board that you were hurt back in June as you claim.

So do not assume or presume you'll immediately see Total Temporary Disaiblity checks rolling in... you may have to apply for State Disability insurance through the Employment Development Department .... read at www.edd.ca.gov.

DO NOT APPLY for unemployment insurnce because that contains declarations that you are physically able to accept any offer of work...and that's not you, not just now.

IF YOU CAN PROVE that the employer had notice this was a work injury back in june, then the claim is already accepted by operation of law. Did you save a fax or email that would prove to a judge the supervisor was completely clear this wes an on-the=job injury?

If you have documents showing the company or the supervisor knew the source of the back pain was the June industrial injury and they knew it in June, provide a copy of that to the adjuster right away.....so she'll be persuaded to accept liability and start paying TTD right away.