Legal Question in Workers Comp in California

I have had a pretty severe back injury since 02/2003. It was a work related injury, so I jumped through all the hoops for workmans comp and what not. They gave me a 12% disability rating as I can not use my right arm as well as my left. I am unable to find work that is not physically demanding. Am I able to qualify for disability in the state of CA? Thanks in advance!


Asked on 10/03/11, 5:51 pm

1 Answer from Attorneys
Alison Gude, Attorney Law Office of Alison J. Gude

I am not sure what you mean by "disability in the State of CA." California does have a disability benefit plan called State Disability Insurance. This provides one year of wage replacement, nothing else. This benefit is usually for people that are injured off the job. At any rate, you must be certified as disabled by a physician. The forms for Disability benefits or SDI are located on the Employment Development Department website.

You may be entitled to Social Security Disability Benefits, especially if your doctor took you off work for 6 or more months.

What I am more concerned with is the 12% rating you received. If you have not settled your claim, I strongly encourage you to consult with an Applicant's Workers' Compensation Attorney. You can find one in your area by going to the California Applicants' Attorneys Association at www.caaa.org. Good luck!

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Answered on 10/03/11, 6:12 pm


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