Legal Question in Workers Comp in California
If i am in the middle of a workers comp case due to stress and medical discrimination, can i apply for EDD benefits or can i begin looking for a new job?? Mind you, i have only received (1) check for benefits. Its been 7 months. I am waiting on my attorney appt. which will be Dec. 2nd. Still far away. I have no clue on what steps to take. And I don't think I can see a Dr. until i go to my attorney appt. and am appointed a dr. Clueless.
3 Answers from Attorneys
You need to speak to an attorney now; I do not see how an attorney can set an appointment for almost 2 months away. I do not know how you can have a claim for medical discrimination unless you are claiming that the carrier refused to pay for treatment from a certain type of health care provider. You can not collect WCAB benefits and EDD at the same time as the first is for on the job injuries and the second for injuries either not on the job or currently being denied by the carrier. You should always search for employment as the system pays less than your normal wages.
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If the carrier is not paying you, you can apply for EDD. But I do not understand why you need to wait for 2 months to talk to your attorney or see him. This sounds weired. Please feel free to call me for a free evaluation of your case at 323-584-6644.