Legal Question in Workers Comp in California
state disability payment
I was in a car accident three years ago. it was a vehicle chartered in colorado by my employer in CA. I recieved a settlement from my employers insurance company. I was given a rating of 45% perm. disability. I continued to work part time but have been in constant pain. I resigned at my previous job for unrelated reasons. But I am very reluctant to go back to working in my previous profession because the pain has become unbearable for me. I also have work restrictions which make it hard to get another job. My question is, am I entitled to state disability even though I've already accepted a settlement from a private company?
1 Answer from Attorneys
Re: state disability payment
Getting state disability is dependent on a doctor certifying you as unable to work either temporarily or permanently depending on which program you are speaking of. However making an application for permanent SSDI generally means that your disability prevents you from holding any form of gainful employment.
My question for you is with a 45% disability did you qualify for vocational rehabilitation? If so what happened with that benefit? Also, how did you resolve your case? Was it a complete closure via Compromise and Release? The last employer where you were working was this the same employer where you were initially injured?
The answers to these questions can give a better insight into what your options truly are. Therefore, to get a more thorough insight into your possibilities e-mail me direct at [email protected].