Legal Question in Workers Comp in California

Re: workmans comp for Cal teacher

In term of workers' compensation benefits it is not in your wife's best interest to claim or express a desire for retirement, even if she does intend to retire, because the insurance carrier will not be responsible to pay for lost wages. Therefore, I recommend that your wife express a desire to continue employment at least until the case settles or until after recovery from surgery.

However, your wife may be entitled to social security benefits given her age. Thus you should also make an appointment with a social security attorney. If she qualifies for Social Security, then the economic impact of the loss of compensation for wage loss is not so dramatic.

Re: workmans comp for Cal teacher

Worker's Compensation has different benefits. Temporary disability benefits is a wage replacement. If your wife retires and then claims for Temporary disability benefits then insurance company will argue that the reason your wife not working is retirement not work-related injury. She will be still entitled to a settlement for her permanent disability. Feel free to call us at 213.388.7070 for a free consultation and a potential representation.