Legal Question in Workers Comp in California
Injury in 2001
I was injured in 2001. In January of
2008 I was switched from the law that
existed when I was injured. How can
this be done. the constitution prohibits
states from enacting laws that are to
purely save private firms money?
1 Answer from Attorneys
Re: Injury in 2001
Good Point!!!! Those of us who represent the injured worker have been fighting this issue. There are some aspects of the new Reform Act (SB899) that are retroactive, in fact most of them are. The major change in the law is the compensation one receives from an injury. We have done studies and some of the figures we have show that the compensation for permanent disability (Impairmant) is between 50-70% loss in benefits. However, there are numerous exceptions. For examply if you were deemed permanent and stationary prior to 1/1/05, or were released to return to work prior to that date the old law applies as to your amount of compensation. Your temporary disability has not changed Labor Code 4656 states in part, "4656. (a) Aggregate disability payments for a single injury
occurring prior to January 1, 1979, causing temporary disability
shall not extend for more than 240 compensable weeks within a period
of five years from the date of the injury.
(b) Aggregate disability payments for a single injury occurring on
or after January 1, 1979, and prior to April 19, 2004, causing
temporary partial disability shall not extend for more than 240
compensable weeks within a period of five years from the date of the
injury."
You may be entitled to many of the same benefits under the old law. You need to consult an attorney regarding the specifics of you case.
I do not charge for any consultations and feel free to call me directly or email me.
My emal address is:
Good luck and feel free to contact me. I do not charge for any consultations.
Lsw Offices of Samuel L. Salazar
617 W. 7th St. Ste 402
Los Angeles, CA 90017
213.623.0900