Legal Question in Workers Comp in California
Workers Comp. Benifits Cut Off After Two Years In CA.?
I was Injured with a severe low back injury at work since July 25. 2005 and was collecting Workers Comp. untill July 29. 2007. Then I was cut off because of the law in CA. gives you 2 years assuming you recover from that injury. And now I've been collecting from EDD State Disability Insurance and it's coming up to 1 year and will I get cut off from that too? My condition is still Temp. Total Disable and I've been through 2 major surjuries. The last surjury was on Nov.26, 2007 a fusion at my L-4 L-5 Disc and my condition is still not stable. I need too wait untill Nov. to do a mylogram/MRI to see if I need a nother surjury to remove scar tissues that is pushing on to the nerves. Or a total disc replacement? I hope not cause I'm running out of money fast. And I cant afford to live here any more.
2 Answers from Attorneys
Re: Workers Comp. Benifits Cut Off After Two Years In CA.?
In addition to the prior reponse, I recommend that you settle your case by utilizing either a Panel QME or AME as soon as possible. It may still take some time until you see a monetary relief. Upon issuance of a QME or AME report you will be entitled to advance payments. If your rating is high enough you will be qualified for a life pension as well. Please call us at 213.388.7070 for a free consultation.
Re: Workers Comp. Benifits Cut Off After Two Years In CA.?
I am sorry to hear of your plight. To answer your question, after one year, of receiving State Disability for temporary disability you will have exhausted those benefits. I am sorry to tell you that there are no other temporary disability benefits. Even worse, once the doctor releases you, it is entirely possible that you may have to pay back EDD out of your settlement. I am not saying they will, but they are not very sympathetic to your situation.
You obviously have a serious injury and you may qualify for Social Security Disability Benefits. These benefits are very difficult to obtain, but if you meet the eligibility requirements you may receive these benefits.
You should consult your attorney regarding temporary disability and social security beneftis.
If you do not have an attorney please feel free to call my office or send me an email and I would be more than happy to discuss your case.
Do not try and navigate the workers' compensation system without representation. I do both workers' compensation and Social Security and do not charge for consultations (unlimited). So feel free to call or email me.
My email address is: [email protected] My name is Samuel L. Salazar and my office is in Los Angeles. Feel free to call or email.
Many of us on the applicants side are fighting this new law and are trying to make some changes, but as you can realize, it is an uphill battle until we can get rid of the Governor.
Best of luck to you and again, I am very sorry for your situation.
Samuel L. Salazar
Attorney at Law
Workers' Compensation Law
Social Security Law
617 W. 7th St. Suite 402
Los Angeles, CA 90017
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