Will I get permanent disability checks for life? If my doctor says disabled does that mean lifetime?
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- Опубликовано: 9 сен 2024
- This video reviews how most PD Awards in California are for a limited number of weeks, months, or maybe years. Lifetime PD payments tend to be relatively rare. And a permanent disability award does not automatically mean lifetime payments. If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.
Jeremy Lusk is a certified specialist in workers’ compensation with about two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.
No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.
If you have any questions, let us know at questions@mywcguide.com
Here's a question that is probably on everyones mind, does collecting weekly temporary disability payments affect the amount of a settlement?
In my case 19 months at $2200/month and a majornshoulder surgery 12 physical therapy sessions ended up being a $60,000 settlement
In California the insurance companies are required to advance permanent disability once TD ends and there is a reasonable expectation of PD. All of those advances will get deducted from the final settlement. So the final settlement amount will not vary depending on whether the injured worker got PDA's or not, but the net check to the injured worker will vary. The collecting of temporary disability does not affect the final settlement at all.
Who determines the percentage?? The lawyer or the doctor??
Also, is the workers Comp attorney suppoed to help with social security or do we need a different attorney to file for disability?
The PTP and/or the QME will decide the percentage of whole person impairment, and the judge and/or attorneys turn that into the percentage of permanent disability. Some workers' comp attorneys handle Social Security cases, and some do not. You would have to ask the attorney.
So can you talk about shady courts and dark side of workers comp(without getting yourself into trouble)? And why its important to get a laywer. I had a defense blanten lie to the judge, called her out then and there judge did nothing. Wrote up about the insurance not providing the proper paperwork. And the judge pretty much told me to piss off. Lucky for me i uave a laywer now and good chance we will just try to get a new judge and get penalties. But why would a judge protect a laywer? I know i can make that accusation in court but still thats far from fair
I can't speak to your situation with the judge and attorney, but I think I will do a video along those lines with some of the frustration in the trenches.
So my first doctor which was my spine surgeon said I was MMI but I recently got a second doctor and he says that I'm not MMI right now I am receiving temporary disability benefits that should stop at the end of January my second doctor told me to fill out state disability do you know if the dollar amount from state disability and temporary disability are those the same dollar amounts or do they calculate different
State EDD benefits are based on reported earnings, while TD benefits are based on paid wages, so the two figures are usually pretty close to one another. There may be some variation as the two calculations may take place over a different time period.
I was released from treatment yesterday by my PTP and was told to keep treating with my QME doctor because he said it's no point to get treatment from 2 doctor in for me to continue treatment with the QME...is he allowed to stop treating me
A PTP can discharge a patient from care, and essentially stop treating him or her. However, a QME offers no treatment to an injured worker. A QME will only examine the worker and write a report. If the QME is offering treatment, then that doctor will no longer be the QME and a new one will be needed.
@myworkerscompguide I'm not sure if the QME took over completely he did request surgery for the patella and a MRI for the wrist and back my PTP just said I need to keep treating with the attorney doctor and the QME he said there no need to be treating with two doctors so he released me
@@badgalsheilabb2548 It sounds odd. If you have an attorney, you should ask him or her. If not, you may want to call the I&A Officer at your local WCAB office to talk through exactly what's happening.
I amputated the tip of my right thumb. I won't have 2 resign, but how can I get a check 4 losing part of my body?
The QME will address the level of whole person impairment due to loss of the portion of the finger, and that could be solely based on the loss, or could potentially include grip loss or other functional impairment. That will get translated to permanent partial disability and be paid to you.
@@myworkerscompguide When will it be time to go see the QME. Dr. Also, would there be any compensation for disfigurement?
@@skunny00 There could be some PD for disfigurement, but with finger injuries it's usually either loss of grip strength, or loss of range of motion, or a diagnosis related estimate as to where the amputation took place. As to when to see a QME, if the injury is accepted and TD is being paid, there's not usually much rush from the injured worker's side. I did a video on that here ruclips.net/video/MCRF-avkWW8/видео.html
What if you want to settle instead of getting permanent partial disability is that a choice?
If you settle with a C&R then the permanent disability will be paid out in a lump sum instead of a check every two weeks. That's one advantage of a C&R. It would not generally be in the injured worker's best interest to settle the case instead of getting any permanent disability, just because PD is part of the settlement.
So after my pda stop’s and thy settle my case. Will i be able to go back to work if Dr. placed me P&S ? Or after a yr from the date dr. Placed me.
An injured worker can return to work as soon as a doctor either declares him or her to be P&S, or finds a return to temporary light duty work. The original employer may or may not be able to accommodate, but the injured worker can return to some work. The workers' comp case does not have to settle first to return to work. Nor is there any one year waiting period.
@@myworkerscompguide
Thank you! ❣️
@@esperanzaserrano2883Happy to help inform. Best of luck to you.