What happens after I finish my Workers Compensation Case? Do I keep my job? California Workers Comp
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- Опубликовано: 8 авг 2024
- In this video, I walk you through your job prospects after you have finished recovering from your work injury. I cover two scenarios, recovery with and without permanent restrictions.
Please note this information will only be relevant for injuries that are under the jurisdiction of California WCAB.
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Promised links:
(1)
www.ada.gov/
www.ada.gov/cguide.htm
"undue hardship." Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation.
Reasonable accommodations
Modifying equipment or duties or schedules.
(2)
www.dir.ca.gov/dwc/SJDB.html
For injuries on or after Jan. 1, 2013, the voucher is due within 20 calendar days from the expiration of time for making an offer of regular, modified, or alternative work. The job must pay no less than 85 percent of the worker’s earnings at the time of the injury, and must be expected to last at least 12 months.
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Video Chapters
0:51 Scenario1: Recovery Without Permanent Restrictions
1:05 Voluntary Resignation in Compromise and Release (C&R)
1:22 Stipulation with Request for Award Without a Voluntary Resignation
1:31 Scenario 2: Recovery With Permanent Restrictions
1:58 ADA Assessment (Americans With Disability Act)
2:26 ADA Assessment Interactive Process - Step One
2:49 ADA Assessment Interactive Process - Step Two
3:06 Examples of Reasonable Accommodations in Workers' Compensation
3:20 Examples of ADA Assessment Interactive process Step 1 and Step 2
4:19 ADA Assessment Interactive Process - Step Three
5:11 SJDB Voucher - Supplemental Job Displacement Voucher
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Mystery link ;-)
mailchi.mp/602db7e252fd/newsl...
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Video Outline
Depends on if you have permanent work restrictions or not.
(1) No restrictions: should go back to work
(2) Permanent Restrictions: Governed by the Federal ADA
- Interactive process
- Reasonable accommodations
o Eg. Modifying equipment or duties or schedules.
o Cannot cause undue hardship
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TEXT "CONSULT" to (909) 266-0003 or Call us to get answers from an attorney.
We serve injured workers and fight for them to receive all their benefits especially medical treatment and compensation.
Hello, my name is Naomi. I have been practicing in Southern California since 2012. I opened my own firm because after seeing how the work comp "mills" functioned, I knew there was a better way. My firm is different because our clients are able to access their attorney and we focus on client education, so they are informed and feel comfortable throughout the entire work comp process.
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Gonzalez Law Firm, APC.
Call: (909) 266-0003
Text: (310) 683-5725
www.workinjuryca.com
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© 2021 Gonzalez Law Firm, APC. All Rights Reserved. This video is not intended as legal advice, nor does it establish an attorney client relationship. Information provided is applicable in California Only. This video is intended for Gonzalez Law Firm clients only. Every case is different and certain statements may be not applicable to your case. This video is only applicable for Workers’ Compensation cases not other types of law. If you want information specific to your case contact Gonzalez Law Firm, APC.
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That's an interesting question. Thanks for answering it!
You're Welcome 🙂
Thank you 🙏🏼
Thanks a lot ….all educational videos…have a wonderful day..
Thanks Nelson, you too.
Thanks Naomi, I know what I have too do now, again I really appreciate it and for your prompt response's..👍
You have a lot more people
You have a lot more people to work out with the kids of
Ok thanks love and I
Ok I
You need me for your money for a day you want have me you have your own own apartment I need iuuii for a few imonths if you’re going in and and the other iiuiiiiiiiiiiiiiiiiiiii out i iiuii you need a good night and a nice evening love and iiuiiiiii miiiiiiiiiiiiiiiiiiiiiiiiiiii I iiuiiiiiiiiiiiiiiiiiiiiii it up up to my my son in iiuiiiiiiiiiii love I love love love y’all
I got hurt on 2018 at my job. I received medical treatment for a few days.! The pain continued and then on November 16 2022 I got lay-off.! I got a new job on December 12, 2022. Do I still have a workers compensation claim? Thank you
Hi after my case close can my employer can force me to LOA with out paid?
I have had surgery to repair TFCC tear on left wrist With torn rotator cuff &extensive debridement on right shoulder. Both surgeries took place about a year apart. Since the injuries are on different sides of my body, does that affect the PD rating? Me is the PD rating separate for my wrist and then my shoulder or are they calculated together?
I have a question for you after receiving my TBD benefits and years have passed by and the statue of limitation is running out and they still owe me part of the settlement and there’s penalties involved are those put together or separate checks and I hope I was clear is penalties a separate check from the last part of your settlement before the statue of limitation‘s runs out
Hi CC, do you mean TPD? In general, penalties are usually paid with the check they were originally for i.e. one check. That does not mean they can't pay it separately, but I just usually see it that way. This is California, right?
O had a QME evaluation three months ago and we haven't received a final report. How long does it take for the report?
The QME has 30 days to Issue their report after an evaluation. They can file for an extension for more time if they need. They have 60 days to write a supplemental report after an interogatory.
A "final report" is one where they find you permanent and stationary and give all the final impairment numbers . If the QME did not think you are recovered as much as you will, then he will wait to give a final report until you treat more and have a re- evaluation. That is usually 6 months to a year later.
Please what is EDD account,how to know if you have money in that account and what stage do you have to apply for that money.Thank you for the teachings and your advice!
Thank you for your question Frimps,
EDD is the Employment Development Department in California (edd.ca.gov/)
They do state unemployment and disability insurance.
So if you are injured outside of work or if your work claim is not accepted, they would provide benefits.
You would apply for unemployment when you are terminated from work. For disability when your doctor takes you off work. You can apply online. But your doctor also has to certify you for disability.
They pull money out of your payroll check and your employer has to contribute to EDD when they pay payroll as well. That money is earmarked for you within EDD. If you apply for benefits, they will calculate your weekly amount based on what you have earned and contributed. That is what I would refer to as your EDD account.
When EDD pays out for work comp and your claim is accepted, the defense will have to pay back some or all of what EDD paid. That money, instead of just going to EDD in general, will be earmarked back into your account.
Hope this helps,
Naomi
My permanent stationery restrictions the last accommodations I was given caused me more pain the accommodations I've always had that was stripped away from me but no warning at all don't understand compliance is still tried that accommodation like I said cause more pain couldn't even complete could not work 5 days at 4 hour shifts how much more pain I was in and it cost
What if i work in a warehouse on a lift. But they put me in an office and i don’t want to do an office job because I’m not tech savvy and have trouble understanding the job? Am i just out of luck?
Mike,
You mean they offer you a permanent office job or temporary modified duty?
- Naomi
I have missed 3 weeks and i need to get back to work. i believe the risk of re-injury is high and i can’t do any lighter duty with the company. If i get another job and resign will I be able to recover any of the costs of my injury.
Thank you Ohamiboringyou for your question. If your employer cannot accommodate your restrictions, you should be receiving temporary disability benefits if your case is accepted. If you're in the decision period like you are, you should apply for EDD disability until your case is accepted.
You can change jobs. It will mean if you have restrictions then you will not be eligible for Temporary Disability benefits and you may not get the sjdb voucher. But you continue to have TTD if the doctor takes you off work and have medical treatment and can settle your case the same as if you were still with the employer.
Hope this helps,
Naomi
I had laminectomy done a bunch of therapy and injections.
Qme gave a rating 21%
Referred me to a specialist
2 surgeons agreed that I need
Anterior/posterior fushion
I got that done back in therapy
Will my rating drop or stay as it is not sure if I want
To go back to work but I don’t I just want to get hurt again
59 yes old what’s in my best interest
Thank you for your question Anthony,
Permanent disability ratings can change following a surgery sometimes raises or lowers.
To accurately know your PD, you should get a reevaluation from your QME to see if there is a PD change.
Work status or permanent work restrictions are unrelated to permanent disability rating. You should definitely follow restrictions to minimize the risk of re-injury.
If your employer cannot offer a position within your restrictions, you may receive a retraining voucher that may allow you to go into a different line of work.
Take care,
Naomi
Hello just wanted ask you what happens if you go through your 104 of weeks of partial disability and your not done with your treatment will workers comp continue to pay me or do i have to apply for state disability? Thanks
Most people apply for state disability. Rare instances can get extensions
General info, not legal advice, not representing you
- Naomi
Great video., ........🍿
Thank you!
Do I have give the workers compensation insurance my medical records? I’m still working full time going to physical therapy
In general yes, medical are part of discovery in a Workers comp case.
General info, not legal advice, not representing you.
Naomi
I had a hernia surgery and Wcb give me hard time along n got rid of me n found myself jobless n powerless, a month after they let go of me I find out that my hernia came back Recurrence so the question doesn’t the Wcb should start paying me again?
Hi Jay,
You may need an employment attorney consultation. Give us a call 909-266-0003 for a referral.
As for the TTD, it depends on if you are permanent and stationary or not and how much time has passed. You usually can get some TTD after surgery if you need another surgery if within 5 years of your date of injury.
That is assuming you never settled your case via C&R. If you did, your employer does not have any more liability for you.
General info, not legal advice, not representing you.
Take care,
Naomi
Hey Naomi, I got injured at work and now receiving workers comp. I have a side hustle on ebay. But haven't done it since been on WC.. can I still sell on Ebay and won't get in trouble. Or should I stop, I make about $1,500 a month
Hi Abraham, I would like to have a conversation about this. Text "ebay consult" to 909-266-0003
You have to report earnings to your claims adjuster. Not reporting any earnings can get you into trouble. If you had 2 jobs and were injured at one of those jobs, the insurer has to pay you for loss of wages for both jobs. But only 2/3 of your wages. Example- you make $30hr
At each job. You get 2/3 of $60 for both jobs .
Heyy Gonzalez,
We need help! My mom, who's in her late 60's, in California injured her back at work while lifting a patient without a back support belt. Her case manager informed her that if she filed for workers' comp, she'd receive $5k. She's concerned this might not be enough to support herself. We're unsure if the case manager is giving her this information to benefit the company or if it's genuinely accurate. Also, if she files for workers' comp, will she still be able to work at her second job? And could this impact her overall employment status?
Hi Jayne,
This sounds like a complicated case. Please text us "Jayme Consult" so we can chat about it.
Thank you,
Naomi
What if I got hurt made an incident report but a couple of days later they made up an excuse that I wasn't working out for the job and they let me go?
Wow JMP that Sucks!
When did this happen? There is a 1 year statute of limitations on both filing your case and on filing a 132a Petition for discrimination based on a work injury.
You might even pursue an employment suit in civil court. We do work comp and can refer you to an employment attorney too. Please text "JMP CONSULT" to 909-266-0003 so we can talk.
Thank you,
Naomi
What if doctor wants to close the case but I'm still lot pain. My job never did accommodate me with my restrictions and i still have to do normal duties
Closing the case does not mean you are all better. It means your condition leveled out so that you are not expected to change much in the next year, so the doctor can know your permanent disability amount.
Check out the video on voucher eligibility if your employer can't accommodate.
General info, not legal advice.
Not representing you.
Good luck,
Naomi
Can I have my permanent work restrictions lifted by a family doctor after my case has settled compromise and release?
Hi there,
In general, the short answer is if your employer requires it and allows it. But usually the new employers aren't even aware of the restrictions. If you are feeling better and no longer need the restrictions.
You should only apply for jobs you are physically capable of doing.
General info, not legal advice, not representing you.
Naomi
Hello my doctor told me that I might need carpal tunnel surgery but i told him I didn’t want it. Will they include that money for surgery into my settlement?
Oscar,
If you settle via Stipulation, you will not get the money for the surgery because work comp would be treating you. If C&R, maybe maybe not because you refused it.
We usually recommend not refusing surgery but asking for it privately. You might consider getting it approved through UR then try to settle before surgery.
Good luck
Naomi
Is it true if you can’t return to work with in 18 months jobs like Coca Cola can take away your seniority and vacation because of the first surgery not healing right and had to have second to correct some of the first for my shoulder
I have heard of that happening. You should look at your employment contract or union contract. Each is different. Check with your employee handbook and with your union rep.
General info. Not legal advice. Not representing you.
So what happens if you hurt youre wrist they denied to see there workers comp doctor and you go youre doctors find out you have carpal tunnel ?
Hi Turbo,
You are going to want to appeal this claim denial.
More details on this in this video
Fight Claim Denial
ruclips.net/video/xb41U-OMNG0/видео.html
Text "Turbo Consult" to 909-266-0003 if you would like a consultation.
Thank you,
Naomi
Thank you I have had rotator cuff surgery a little over a year ago and cervical spine fushion surgery last month still have a lot of pain injury happened in 2020 fell at work thought I was ok had pain and headaches until it got worse and had to go back to doctors and they realized it was neck and rotator plus pinched nerve. Waiting on a QME to remove scar tissue in arm from rotator cuff surgery my mobility is not good hurts to lift arm etc........ still not working been 15 months.
I'm sorry to hear that David.
If you text "David Prayer" to 909-266-0003, i will pray for you.
- Naomi
I like to know what happened to workers comp when medicare /medicaid steps in.
can you make a video about insurance claimers hacking phones cause i no they do
I believe that too
sue my employer (or work compensation) will affect my future employment?
Thank you QBn2 for your question,
Having an injury might because of your physical restrictions. But that would be the case whether or not you actually filed your claim.
Legally, you should not be discriminated against for filing a wc claim or having a disability. Employers do not usually ask about prior wc claims or suits. But if your industry is small, there is potential to affect future employment. Should not but we live in the real world so maybe yes.
- Naomi
Mi hermano se amputo una mano. El es mecanico. Workers comp esta tratando de ponerlo como Customer Service. Pero el ni habla ingles. Que pasa si el rehusa ese trabajo? Le cortan los beneficios? O tiene por fuerza aceptar el trabajo que workers comp le ofrece?
I'm sorry to hear about your brother. Please have him call into our office for a consultation. There are a lot of factors to consider in this complicated situation. Our number is 909-266-0003.
FYI limited hours this week for the holiday.
Thanks,
Naomi
What if they trying to make you came back to work without a 240 form?
Thank you for your question Enesha,
I am not sure I understand your question. Do you mean a DWC-AD form 10133.35 (SJDB) form???
Thank you,
Naomi
Naomi you are amazing but I’m a sw supervisor and need my Brain! And a client took that from me what ca I do? I’m crawling out of my skin
@@trudyemanuelson9082 i don't think i understand.
What if they never start the interactive communication part and just drop you after the 60 days?
You could reach out to an employment attorney to see if you have a case.
General info, not legal advice. Not representing you.
Naomi
@@GonzalezLawEmpowerthank you. QME made me P&S so that clock just started. Will keep this in mind if I don’t hear from my employer
What if I'm MMI can I still return back to work under restrictions and received 5000
Rob,
You have to receive an SJDB voucher to receive the 5k return to work supplemental program. Here are the links for both.
Voucher eligibility
ruclips.net/video/k9hDv3iISbU/видео.html
RTWSP application walk through
ruclips.net/video/jyKVPoPfW0Q/видео.html
Take care,
Naomi
Since I danagee my master arms rotator cuff and the surgery didn't help due to the size of the tear, I've wanted to have a career in driving but no one will hire me JUST to drive. They need pallets moved and lifting which I absolutely cannot so. I have 2 skilled trades. Building maintenance which I was injured doing and there isn't any light duty for my type if work and driving box trucks hauling goods.
The only job that I can do is driving a taxi or checking receipts at Costco
I'm sorry Brad. That sounds horrible. 😟 Is your case in Oregon?
Hi I'm in california.i got injury at a warehouse.they gave me worker's comp they paying for my doctor and hopefully for my surgery that I need ...do I still need to file a claim on my own or did my job did that for me ?
Thank you for your question Jose,
It sounds like you have an unlitigated claim right now. Did you give your employer/WC insurance carrier a DWC -1 Claim form? It is possible to go through an entire work comp claim with just yourself and insurance adjuster.
However, if you have any problems, it is useful to file your case with the workers compensation appeals board (our court) so you can file for a hearing and finalize your settlement at the appropriate time.
An attorney can be very helpful during your claim start to end. Hope this helps.
If you want a consultation, please text "Jose Consult" to 909-266-0003. Thank you.
- Naomi
@@GonzalezLawEmpower I believe they had me sign that dwc-1 form before sending me to the doctor.im waiting on the approval for a surgeon at the moment.you think I'll need an attorney or is this Going the right path ?also will I be getting a settlement after I'm back to normal even without an attorney?
@@joseRodriguez-pk9ld I think we should have a conversation about that. Please text "Jose consult" to 909-266-0003 to discuss further. Thank you,
Naomi
In california, can your employer cancel your regular medical insurance if you ran out of fmla during workers comp leave after surgery for a work injury?
Employers are not required to provide health insurance. Check your employee handbook to see if they say how long they keep it for you. Sometimes you can pay into it to keep it longer. Every employer is different.
General info, not legal advice. Not representing you.
@@GonzalezLawEmpower Thanks so much!
Do you have to resign if you settle by C&R with a union job? The union and company I work for do not specify that resignation is required if settled by C&R
Marc,
It's not usually the employer or union requiring it, it is the insurance company condition. Not always required but extremely rare not to have it required. You can always double check when receiving an offer what the conditions are.
General info, not legal advice, nor representing you.
Take care,
Naomi
@@GonzalezLawEmpower I want to close out my medical since I’ve settled via stips. Sedgwick takes forever to approve treatments, at this point i would rather close my medical and pay for my own treatments. It’s just the resignation part I can’t do…
@@marclacson770 Has it been a long time since your date of injury? Would the settlement value be low?
The time I see it settling without a resignation usually either the insurance company covering your employer has changed or it is a nominal amount.
@@GonzalezLawEmpower date of injury is 10/31/2020. Kaiser has used Sedgwick for awhile, I doubt they change anytime soon. Would a nominal amount be like $100? ..hehe. The dollar amount of my stips is at least 66k. Getting bi-weekly amount payments now. I just thought getting treatments would be an easy process. That’s why I’d rather deal with it on my own.
What happens if before getting a lawyer to help with case you get fired from said job while on modified duty, And are being harassed and followed by ex coworkers.
Thank you Precious Pearl for your question,
Whether you hire an attorney or not does not go to the issue of being fired.
First, if you are on modified duty, there is a difference between you not working there because they have no accommodations during your temporary phase of your claim and actually being terminated. You were terminated?
Second, I made a video exactly on this subject of fired while on work comp. Here is the link ruclips.net/video/a4TdwDQtbSE/видео.html
Third, I think you have bigger problems than work comp if you are being harassed and followed by ex coworkers. Sounds like other stuff is going on at that job. If you want a referral for an employment attorney to explore if you have a civil case for wrongful termination and discrimination, text "Pearl Referral" to 909-266-0003.
Thanks,
Naomi
Entonces ya no podre trabajar if I settle my case?
Question: So I will no longer be able to work if I settle my case?
Answer: Thank you for your question Luken. You can settle by Stipulation and not have to quit. Then the issue as to if you can continue working or not depends on if your employer has a position for you within your permanent restrictions if any.
You only need to quit if you settle by Compromise and Release. More information on these options can be found in this video here.
ruclips.net/video/6KkCkBQEIYU/видео.html
Take care,
Naomi
Gracias por tu pregunta Lucas. Se puede liquidar por Estipulación y no tener que renunciar. Entonces, la cuestión de si puede continuar trabajando o no depende de si su empleador tiene un puesto para usted dentro de sus restricciones permanentes, si corresponde.
Solo necesita renunciar si se conforma con Compromiso y Liberación. Puede encontrar más información sobre estas opciones en este video aquí.
ruclips.net/video/6KkCkBQEIYU/видео.html
Cuídate,
Naomí
Hello Naomi thank you for all your insightful videos. My question is… I’ve been on a permanent disability for many years, I went back to work months ago as a caregiver part time. Last week a patient I was caring for fell and I caught her mid fall I rebutted my back and new neck and arm pain My doctor has put me on restricted work lifting upto 5lb. Ofcourse my work has no job to accomidate my limits. So this is the question while on disability will I be able to get work comp payments or unemployment while I wait for a position in my current company? I am really struggling to make my rent on the 1st.
Thank you
Oh Julie,
You are in a tough spot :-( This new injury should be claimed as a brand new injury against your current employer with all your full benefits (WC benefits link) . The WC doctors will make a determination whether your back is an aggravation or exacerbation of your prior WC claim. But your neck and arm should be covered. I put a relevant video link below to help you with this prior injury issue.
Your problem is that you have only been working at your new job for a few months which means you have not stored up much in your EDD account. Further, it was only part time, so even less. Most people live off of EDD Disability during the decision phase (in the link below - WC made simple) but that is not going to be much of an option for you because you don't have much in EDD to give you.
Once your claim is accepted, if your WC doctor (see video link below - WC treatment made simple) has you still on the restriction or took you off work completely, then you should be eligible for TTD benefits and retro benefits i.e. pay you back for this time you lost. But that may not be in time for your rent :-( I wish I had better news for you.
Work comp with prior injuries
ruclips.net/video/SUYN0uIq6Z0/видео.html
Work comp made simple
ruclips.net/video/z6zFRYM0R4g/видео.html
WC Treatment made simple
ruclips.net/video/43Jl7HZDMIs/видео.html
WC Benefits
ruclips.net/video/eK2tX8Gw7r0/видео.html
I hope this helps,
Naomi
PS: Please do me a favor and post your question in the work comp prior injuries video. I think that the viewers of that video will benefit more from this answer. Thank you!
Good Morning God bless you.. I have a question? What do I do if i reported to my employer that I was able to return to work again without no restrictions.friday 12-8-2023. I was released to go back but my supervisor hasn't responded when I can return to work.
Follow up with HR, call, bug. Get your attorney to contact them if can
I don't have an attorney..
@@mariarosas9260Then I would show up with your work status in hand and get back in schedule if i we you.
Thanks for the advice. I start today. God is good all the time. Blessings 🙏❤️
i was fired a week after reporting my back injury and they denied my case i been stressed because i havent been able to care of myself or family and im a union plumber i hate workers comp
Ivan,
This video will show how to fight a claim denial.
ruclips.net/video/xb41U-OMNG0/видео.html
Was it denied as post termination?
- Naomi
Omg what great information! Do you happen to know what happens once yr terminated from yr employer because you exhausted all yr leave and still not able to return to work, even on modified duty? Meaning does the job have to offer you some options? ( Have not reached MMI yet) Thanks for the info
Ms. Robinson,
Has your employer actually terminated you or are you still on the books?
If they terminated you, consider filing a 132a petition per this video.
ruclips.net/video/a4TdwDQtbSE/видео.html
Even if you haven't worked there since date of injury, they still have the option to offer you a position when they receive your permanent restrictions.
Hope this helps,
Naomi
Hi Naomi, I was wondering if I can also post a question here. I was told my primary treating physician is about to give me a final report with permanent restrictions on my next app. They also scheduled a QME app for me in the following month. I was wondering who shall the insurance adjuster rely on? I mean, if the PTP says I reach MMI, but the QME doctor still thinks it is in the healing process (temporary disability not permanent disability); will I still be eligible for temporary benefits from WC? Or I shall be eligible to apply for EDD during the waiting time for a position mybe provided by my current employer? and I have two injured body parts, the PTP only takes care of one body part, where she probably makes a decision for permanent disability; the other body part has not been checked by a doctor yet due to the delay from my surgery. Thank you so much, appreciate everything, hope my question can help others as well.
Thank you for your question Qiu,
The short answer is the insurance company will use whichever is more favorable to them. If PTP says you are not P&S but QME says you are, they will most likely stop TTD benefits. Same is true vice versa.
If you go to trial, a judge can decide which P&S date is correct based on which report is more substantial as medical evidence. If the latter is the correct one, you can be awarded retro TTD benefits sometimes.
Hopefully, you are able to go back to work with restrictions as to not be without money.
Hope this helps. Disclaimer: I am not representing you and this is general info and not legal advice.
Good luck Qiu!
Naomi
I need to ask you a question about my situation
Text "kai Consult" to 909-266-0003
👍
Hi Naomi,I got hurt from the job broke my ankle had 2 times surgery's have screws in my ankle and my ankle not really good again,I don't think I can able to do the job I was doing again or for long hours and my case is 1 year 1 month now.they have offer an amount and my impairment ratings is coming on 4days time due to long time process and I don't trust the system cos it doesn't work on injury workers favore so I'm thinking about taking the offer and move on with my life though is not good.i know any medical expenses that will come later will depends on me if I take the offer but is there anything else that will go against me if I take the offer? And can I file for social security disability cos of the language barrier?Thanks for your help!
Thank you Filipoinzagi One for your question,
I go over pros and cons and pretty much everything related to the settlement options in this video
ruclips.net/video/6KkCkBQEIYU/видео.html
If you are going to settle via Stip, your case value is pretty straight forward. The I&A officer can help your read your DEU rating to know the dollar amount. If you are to settle via C&R, you just need to make sure you have enough for future medical especially if you are young. If you are eligible for medicare, you will have an MSA to consider as well.
You can apply for SSI at any point. The only reasons people normally wait until after their case is closed is (1) your SSI payments will change or be credited to what you get in your C&R settlement. (2) If you are on SSI, then you become eligible for medicare in 2 years, which might trigger your MSA requirement.
Good luck!
Naomi
Can I buy out my medical after stips?
Hi Marc,
Yes, it is possible with a C&R, but both parties must want to and agree. Either party not on board and it will not happen.
General info not legal advice. Not representing you.
Best of luck,
Naomi
Hi Marc,
Yes, it is possible with a C&R, but both parties must want to and agree. Either party not on board and it will not happen.
General info not legal advice. Not representing you.
Best of luck,
Naomi
Oh my gosh annoying me today I went to my doctor and they told me that I am p and s that there's no need for me to keep going to the doctor taking me a restriction of no lifting more than 40 lb what does this mean what's next are they going to cut my checks how long does the qme report usually take
Edward,
Can you do your job with that restriction? If so, tell your job to put you on the schedule.
Your TTD checks will stop. If you are not returning to that job, you can request advances of PD to start if you have a PD rating.
Hope this helps,
Naomi
@@GonzalezLawEmpower everything I believe is 50 lb and more but I do believe that they could put me in the warehouse I was going to talk to my employer tomorrow to put me back in the schedule or to pretty much let me go the doctor gave me a choice of what restriction I wanted she told me that normally 30 lb for a lumbar lemonectomy is what they go for was it a mistake asking for 40 lb I believe I could lift a little bit more but I do have pain
What about if the employee won’t accommodate your restrictions
Thank you for your question,
If you are in the temporary part of your claim, you will be considered TTD and get benefits if your case is accepted.
If you are in the permanent part of your case, you will be eligible with a retraining voucher.
If you are not sure which part of your case you are in, this video might help.
ruclips.net/video/z6zFRYM0R4g/видео.html
Take care,
Naomi
@GonzalezLawEmpower
What if workers comp offer a settlement? Will my education return to work voucher be canceled??
I got forced out of the place i was working at and i was forced to choose to either settle or become homeless. To make things better the injury wasnt resolved and no doctor will help me because it was a wc injury .
They still won't treat you after you settled?
- Naomi
@Gonzalez Law Empower - CA Work Comp Attorneys nope. I had to sign away medical treatment. Ended up with a permanently broken collar bone, they didn't even accept my head or neck claims which I claimed DAY ONE. Like I said in other comments, if I went in to the entire story , you would probably be shocked.
To be honest. Every question I have, there is a video for it. Lol
Thanks
$6,000 was decent over 25 years ago but now it's easily going to cost more to retrain in anything decent. Ugh
I'm with you Robert,
And Permanent disability indemnity has not changed since 2014 so no inflation considerations in almost 10 years!
We definitely need work comp reform
- Naomi
I love me staff
If you ever want to do a video with someone who was on wc and their HORRIBLE experience , im down to talk with you
That's an interesting idea 💡
- Naomi
@Gonzalez Law Empower - CA Work Comp Attorneys I am definitely willing to go over my process with workers comp. Maybe you could elaborate from your end on how things went down but could give your other views a look at how wrong it can go, the complications, and the darkest side of workers comp . I ask nothing in return just want to hopefully help someone NOT go through what I have/am .
What if the claim is mental health based and you’re in law enforcement?
Thank you Heather for your question! Psychological injuries can be a bit tricky especially for a job that is prone to stress and anxiety. This info is for California only. Law enforcement positions can vary a great deal as well, so I am not sure if your position requires carrying a firearm or not.
If you are referring to a peace officer or a position requiring a firearm, my clients and I usually have an in-depth conversation as to whether or not to claim psych. Some people prefer to treat privately instead of through work comp, but if you choose to treat privately, you do not have the protections that work comp provides. So it is a decision that must be made with much thought and deliberation.
If you do have a psych WC claim It is possible you will recover but it is also possible your recovery will not be complete and you will have permanent restrictions that could interfere with your ability to carry a firearm. If that is the case, they will still do an ADA assessment, but you may end up with a desk job. Of course, this is general information, and I do not have any particulars of a specific case.
Please call or text us if you would like to discuss further 909-266-0003.
@Moses Salas Thank you for your comment Moses. I am sorry you were injured. It is always frustrating when these things happen as it is not your fault you were injured and you did not ask for it.
At least it sounds like you will be eligible for an SJDB voucher for retraining. Don't forget to apply for the return to work program in California for an additional $5,000.
You might consider using a vocational counselor service to utilize the voucher and help you figure out what new career or career tangent you want to pursue and how to get there. These counselors' fee is taken from the voucher itself.
My head hurts
What if you believe that the "Neutral" QME doctor is not neutral at all? His reports of my ailments are always extremely different than what my doctor's reports are. They are not even in the ballpark. My doctor sees surgery on some of my injuries (we HAVE TO go through PT first tho) and the "neutral' doctor sees almost nothing wrong with me. I am confused with his findings. And because he stated that on a report, and for me to return to full duty, they stopped my benefits so I have been without a check since February. I am a longshoremen and there is no way I can go back to driving (or standing long) right now and I can barely stand up in one place for 10 minutes without my hips and knees feeling like they are swelling up and going to separate from my body. I've had a right elbow AND shoulder surgery at the same time (currently getting PT for shoulders and knees) and is due for a left shoulder surgery once the cortisone shot fully wears off. And I think I will need a left knee surgery and left wrist surgery (cortisone shot is wearing off on left wrist too). I feel the worker's comp is dragging everything out because they won't approve PT for all 8 body parts at once so I'm bouncing back and forth, taking turns between getting PT for all my ailments which is lengthening their own process. Why wouldn't they just approve all 8 at once to speed up the process of restoration? ugh! I feel like changing my profession and become an advocate to change the w/c system. They are the reason I'm taking longer to heal, approving 2 body parts here, then 6 weeks later approving 2 different ones, then 6 weeks later another different 2, then 6 weeks after that back to the first 2 for the 2nd round of PT that was approve 18 weeks prior because you always need more than 6 weeks anyway...ugh! And in between the sessions, some are getting denied so you have to fight to get it approved again and so on, lengthening the process even further. They (w/c) are really their own worst enemy. I am off work anyways so If I need to be in PT for 5 hours a day just to hit all the body parts at once, to speed up the restoration process, then that's what I will do. With the way it's going now and what I need done as far as the surgeries, I will be off work for an additional 2, 3 or maybe even 4 years (to heal from and have PT for each surgery). I won't be able to do anything (travel, vacation, excursions, etc.) for the next few years Ugh! my entire life/goals, are in limbo and I want to get back to my normal life. Before all of this, the energizer bunny didn't have nothing on me. Now I can't hardly do anything. (Ok, enough of my grievances).
Thank you for your question Carolynn,
We definitely could use some lobbyists to change work comp laws to be more favorable for injured workers.
What is meant by neutral is they are not a defense QME or applicant QME and information to and from the doctor is highly regulated so no side conversations with wink wink messages from one side or another. Before this system, each side had their own QME and the judge would have to decide who was more substantial. Now the panel process is how the neutral doctor is chosen. But certainly each doctor is still seem as conservative (defense orientated) or liberal (applicant orientated). You probably ended up with a conservative doctor. Probably the lesser of two evils as the one your attorney struck was probably even worse, if you can imagine that.
As for the UR process. That use to be more favorable too. Now it is all bureaucracy and no longer doctors and patient orientated. But at least you seem to be getting approvals after trouble for PT and surgeries. Other applicants are worse off getting denials and the denials being upheld when appealed. There can be cases where both the QME and PTP are saying they need surgery and applicant really wants surgery but the surgery is denied. Definitely would love a law change.
- Naomi
What is you qualify to return but they don't want you there? Can u cover the discrimination part of the law? Thanks
Thank you for your question,
I don't think i understand your question. By qualify to go back do you mean they did an assessment and found a job but did not offer it to you?
Here is a video on eligibility for retraining voucher.
ruclips.net/video/k9hDv3iISbU/видео.html
If your job is violating ADA, text us "referral O consult" to 909 266 0003
And we will refer you to an employment attorney to explore possibly taking civil action
If you get released to go back by Dr. With no permanent disability. You should be able to return correct?
@@oeff7744 No. Having no PD has nothing to do with work status. Being released means you get permanent with restrictions or full duty.
If full duty then yes, you should be offered work unless your employer is so small they are exempt from keeping your spot open for you.
If restrictions, they have to do an ADA assessment to see if they can offer you permanent work within your restrictions.
Hope this helps,
Naomi
People can have 0% PD but have restrictions. But can have no restrictions working full duty and also have a PD rating i.e. 1% PD plus.
I sent Naomi an email. Waiting to hear back
Thank you for contacting us. I called you and left a voicemail. I am unsure if you are a marketing consultant offering your services or a viewer with interest.
Thank you,
Naomi
The QME physician indicated I was P&S and the only restrictions are working 20hrs per week (instead of the 40+) My employer stated I wasn’t able to return just yet because I was P&S and apparently, theres a process which will take up to 3 weeks. Now, the work comp insurance just sent me a letter terminating my temporary benefits but also starting my permanent benefits.
However the permanent benefits were reduced by almost 50%. What can I do since I haven’t been able to go back to work and I cant live off my weekly amount. That will cover only gas here in california 😭 Why do those payments get reduced?
Thank you for your question Almua,
Once you are P&S, your claim moves from the temporary phase to the permanent phase. That is why your TTD stopped. You can't get temporary benefits in the permanent phase of your claim.
It definitely sucks when the timing is off. Your employer has 60 days to do the ADA assessment, so it looks like they are trying to hurry up with 3 weeks.
Unfortunately, those PD checks of $580 are actually advances on your settlement. The defense will take credit at the time of settlement. That is how PD is paid out. If you were to settle via Stip or get an award at trial, it would be the same pay. It simply lasts for more weeks if you have a higher settlement. It is not meant to be a wage replacement ie not designed to be enough to live off of.
If you have money in your EDD account, I suggests you apply for benefits. Tell them about the PDA so they can make the appropriate adjustments.
Hope this helps,
Naomi
@@GonzalezLawEmpower thank you so much for your reply. One more question. I have my final appt with my WC treating Dr in a few days, would he be able to send me back to work “full duty” would that override the QME Dr’s work restrictions? Or would I have to request a revision on the QME report?
The Work comp process is so overwhelming and confusing. So glad I came across your video
@@almua_3437 The answer depends on your employer. Technically, the PTP and QME reports have equal weight. So if PTP releases to full duty, your employer can accept you back based on your new work status.
But some employers don't want the increased liability accepting someone back when a doctor has them off work or restrictions.
If that's the case, you can send your PTP to the QME and ask him to release full duty.
Take care,
Naomi
@@GonzalezLawEmpower great, I will do that. Thank you for all of your valuable information! I appreciate it.
I hear you. The same here😔
What happens when your SJDB benefits where part of a scheme fraud that you didnt use because of school fraud stole the voucher
Never heard of that. You should speak with a vocational counselor to see if anything can be done to use the voucher still
General info, not legal advice. Not representing you.
Thank you,
Naomi
Hi Naomi I'm sad because the QME doctor said I couldn't go back to that same job 😔I liked that job.The doctor put me on temporary disability.
Shantay,
I'm sorry🙁. If they were temporary restrictions, it is still possible you will recover enough to work full duty when all is said and done. 🙂
Blessings,
Naomi Gonzalez
There another scenario after your released....laid-off!!
If they lay you off when you are released, you may be eligible for a retraining voucher.
More details on this video
ruclips.net/video/k9hDv3iISbU/видео.html
@@GonzalezLawEmpower I am getting an attorney and file a civil case. You know a good one in the bay area?
@@fakjoo9553 for wrongful termination? Please text "fak referral" to 909-266-0003.