Legal Question in Workers Comp in California

Re: Partial benefits

The problem you will face is that comp benefits only pay 2/3 of your average weekly wage, gross. Thus it will be difficult for you make what you made before, even with benefits from the insurance company, expecially if you are not a maximum earner.

take your average wage before the accident, subtract 33%. subtract your current gross pay weekly, to find the difference in pay.

You may have a claim for this amount, but you will probably need representation to obtain any benefits.

Re: Partial benefits

The last time I handled WC was a before the large changes were made, so my answers may be out of date. Are you represented by an attorney for the WC; did you file a formal application for adjudication of benefits or have you just notified the employer of the on the job injury and have dealt directly with the insurance carrier? Why was treatment delayed for over one year? A delay in the payment of benefits that is unreasonable allows for a penalty against the employer. Has the Dr. said that your condition is not going to significantly change, which would mean you are permanent and stationary and entitled to receive permanent disability benefits. I doubt that the insurance company will pay you supplimental wages. Have you had a before of vocational rehabilitation?