Legal Question in Workers Comp in California
After two years on Workman's Comp, California
Hello, I have a injury date as 7/1/05 and live in California. I basically have been off on Workmans Comp all of that time, except for a few small in & out dates which resulted in my being taken back out for further treatments and healing. I have been notified via ''Certified'' mail thru my Employers private Workmans Comp INsuance Co. that due to Workmans Comp. only paying a total of two years that as of 6/29/07 ( just a few days from now !!) my Workmans Comp benefits will no longer be paid. My Dr has released me to return to work, with what I feel is a very small ''Modification'' it states I can work a full day and full work week, but states that I should not be on the computer for repeditive work for more than 45 minutes straight out of the hour and the additional 15 min. per hour can be used to various other duties. I by the way had surgery for Carpul Tunnel on right hand & am right handed. I feel that I am ready to return and can be very productive & so does my DR. However, things are moving very slowley with a response from my Employer. How am I covered for this situation. Wii I be paid thru another source, shuch as State Disabiltiy ? and if so do I need to get the ball rolling on that or is it somehow automatic ?
3 Answers from Attorneys
Re: After two years on Workman's Comp, California
I recommend that you get representation and get evaluated by an impartial AME (Agreed Medical Examiner). The AME report can be used to rate your case adeqately and based on the rating your case can be settled for highest amount possible. Please call us at 213.388.7070 for free consultation about your case.
Re: After two years on Workman's Comp, California
You need representation so that you may get a settlement. Lump sum payments as much as $ 20K plus is the norm for your type of injury. Contact me directly.
Re: After two years on Workman's Comp, California
It has been a long time since I personally handled a WC case but the facts you cite does not seem right. The limitation on the payment of TD is 240 weeks, not two years. To be of work that long seems excessive. If your Dr. has released you to return to work, then TD would end as of that date. You need to go to your employer's HR Department and find out what the hang up is. Do they not want to take you back, do they have no job slot for you, are they crediting you as to seniority with the time you were off work, etc. Those are issues only an experienced WC atorney would know about raising. The PD award will probably be fairly straight forward and the Dr should discuss restrictions on lifting,movement of the wrist, etc. It does not appear to be that difficult of a case but also that you are not experienced enough to represent yourself in order to save attorney fees which are about 10% of the PD award. be sure the atlorney will have enough time to deal with you when you need help, because many Offices tha handle lage volumes of WC cases are and have to be run like mills bevause of the lower atorney fees imposed by law.
You would get State Disability only for being off work for injury not steming from yor work activities. The medical treatment for the CT lasts your entire lifetime for treatment that would cure or releave from the effects of the injury. In settling case, WC defense attorneys normally do not offer more than a few hundred dollars for future medical treatment and you should not settle it unless you are positive you will be covered by another medical insurance or you wish to brake all ties with the employer. By the way, with the exception of the quasi State agency of State Fund, all WC insurer's are private companies.
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