Rules to Follow
Workers’ compensation benefits are limited by law –
Total Temporary Disability, Medical Treatment, Permanent Disability, Future Medical, and Supplemental Job Displacement Benefits.
These benefits define the scope of our representation. You are not entitled to economic damages or pain suffering damages.
Please keep the following “rules” in mind
- Apply for State Disability Insurance (SDI) from the Employment Development Department (EDD) of the State of California now; forms can be downloaded from the EDD website. If you are getting WC benefits you may not get SDI at the same time but you want to establish your eligibility in case you need to draw SDI if your TD (temporary disability) runs out (2- years from date of first payment for injuries 1/1/2005 to 12/31/2007 and total of two years from date of injury within 5-years from date of injury for injuries after 1/1/2008).
- If you are off work for more than a year, you should call to discuss whether to file for Social Security Disability Title II benefits.
- Look into all alternative sources of benefits for your injury, such as short term and long term disability plans through your employer or union (STD or LTD), mortgage and/or loan protection plans (car, motorcycle, boat, et cet), disability plans that you may have taken out, credit card balance disability coverage you may have, and any other supplemental insurance or other coverages. The State of California Department of Rehabilitation may be able to assist you as well with retraining if you qualify.
- Keep track of the dates and mileage that you drive to Doctors, hospitals, physical therapy, and the pharmacy and submit it every 90 days or so to the carrier for payment. Include parking and bridge toll receipts. They have up to 60 days to pay you or challenge the bill. Keep copies for your records.
- Do not discuss your case with anyone other than your family and this office. Do not give written or oral statements to the employer, insurance carrier, an investigator, or anyone else without first talking with your attorney.
- Be advised that your social media is public record. EVERYTHING you post will potentially become part of your Workers Compensation case. It is immaterial what security settings or privacy settings you have. A private detective can access all of your social media posts – past and present. Always keep in mind the adage “a picture is worth a thousand words.”
- We recognize that this can be a stressful time for you and your family. You are injured, perhaps losing wages, possibly worried about whether you will recover enough to continue in your job. We are committed to getting you through this and aggressively representing your interests. While benefits are limited, as discussed above, we will get you all to which you are entitled. Sometimes these cases take a good deal of time to resolve. That is often by design. We want you to get the treatment you need and to heal as much as possible before we resolve the case. Early settlement is often not in your interest. Months may go by without contact if you are healing. Don’t worry about that. We get medical treatment progress reports every 45 days and need only contact you if problems arise.
- At times during the pendency of a case you may have another injury – on the job or off. If that happens, let us know. We do not want to be surprised with this information later and we may need to take action right away to protect your interests. Keep us informed.
Finally, if family, friends, or neighbors need legal help do not hesitate to refer them to me. We can either help them or refer them to the appropriate specialist. We value the trust you have placed in us by selecting us as your law firm.