I am new to this forum and wish I would have found this a year ago!! I am in Calif. My husband was electrocuted on the job almost 2 years ago in July. It has been a very complicated case. It effected mostly his brain is why the complications. Anyway, we have an attorney that is not very helpful and does not like to meet with us 'unnecessarily' . He has been to 5 AME's already. My question is this. In Ca. you can only get Temp Ben for 104 weeks which will be in the end of July. He has his last AME in Sept. We filed for SDI so when they shut him off in July (is that what will happen?), I think SDI will kick in? Is that right? Also, SDI is half of what he makes on WC right now so we will not be able to make it financially. I don't know what they expect you to do. My husband is panicking and wondering if he should just TRY to go back to work. He could probably do 50% of what he used to do but we just don't know what to do financially. I have seen on here one guy that was 100% disabled and he asked what his payment will be and was answered "100%". 100% of what? I know this sounds like I am worried about the $ but I am! He was the bread winner and I didn't ever have to work and now we have lost all we have! Scary!! I just don't know if my husband should try to make it back in the work force or stick it out. If we go through all this and he gets labeled as partially disabled, does that effect him getting jobs? I just don't know all of what happens when it's over so if someone could let me know what to expect, I would be GREATLY appreciated!
welcome to the forum......I am lost when it comes to Ca.WC but there are many on here from Ca.so hang tight 1171 is an expert in Ca WC and checks in often....
Thank you jayne! This is wonderful to find this forum!! I hope I can figure some of this out since our attorney seems to be irritated with ANY question! Anytime I mention how hard this has been and how we have lost so much, he refers to "John" who has lost much more and has been doing this much longer that us! We meet with him on Monday. He doesn't meet with us much so I am wondering what is going on now. Also, when 1171 does check in, one more question, do they settle with you on different 'parts' of your body? My husband had shoulder surgery so we have seen an AME for ortho and lots of psych and nuero. Several! Why that?
unless an injured worker is rated at 100% for permanent disability they will only be entitled to partial payments. it is capped much lower then TTD and for most it won't be enough to live on.
ratings are very complex.
Those on partial disability are expected to return to some form of employment. He will have to work within his restrictions.
if the rating is 100%, then the payments are at the TD rate for life - with applicable COLAs.
If your husband is receiving TTD then at 104weeks from date of first payment it will switch to permanent disability advances that will help supplement any SDI payments.
SDI payments will also cease when he becomes permanent & stationary for all impairments from the injury.
comp Attys are not good information and help resources.
comp fees are much less then civil liability and they have to run a volume business.
there are a lot of informational resources on the web for california workers.
your husband should start with basics (guidebook)
http://www.dir.ca.gov/CHSWC/Reports/Work...-3rdEd.pdf
there is more indepth information available depending on the particular issues.
the internet is better equipped to direct workers to information then attys.
we'll try to help whenever possible.
since it's a single injury the impariment ratings will be combined into a single disability rating.
doctors provide opinions and ratings on many different issues. without knowing the case I could not speculate on the need for multiple exams.
Thank you so much for your fast reply! It is complicated, I DO know that! I have been on that site you linked, not much there I didn't know. What I didn't know was this
"at 104weeks from date of first payment it will switch to permanent disability advances that will help supplement any SDI payments."
So he will get SDI, which I think was something like $450/week and then he will still get something from WC? If that is the case, that will help. How is that determined? I have heard on here that their attys take 20%, mine is only taking 11% when we get a settlement, if he ever does. My concern is this, he could work now, not at all what he used to do, but he could wing it if they were to cut him off of money. He is more mentally messed up from his electrocution so he can fake alot. He told me he thinks he could work at 50% so maybe he could get better if he had to work. Anyway my point, if we go through all this, he is labeled say 60% disabled and noone now wants to hire him and he can't get a good job and they settle with a few thousand dollars, was it worth it?? I am so scared and HATE all this WC stuff! It has been hard seeing them put my husband through the ringer and really not care. It is real hard since it is mostly mental now. He was electrocuted with 700 volts of DC and for a year never left the house. He is much better but not normal and they still say he can't work. I am not sure if we are suppose to put the amounts we get from WC on here but he is getting $1686 (might be a bit different) every 2 weeks now. So at his 104th week, he will get the max on SDI, and WC will give him some to compensate? If so, I have never heard that and am so glad I asked!! When does WC stop giving you money to live? After his last AME when does it usually end? I really appreciate your time!!
atty fees are generally between 9-15% -most at the high end.
comp rate is based on estimated PD rating - among other things
I assume he meets SDI qualifications and will get SDI payments.
serious injuries are rarely "worth it"
unlike civil or negligence law comp is a limited safety net that keeps one from being on-the-street and maybe off welfare. it's designed so both employer and employee share the burden of the losses.
comp is a system like many others and not a person - it's not allowed to care - it has to follow the same rules for everyone and can not pick some to care about and not others.
PD advances will be credited against his final award payments.
ratings are complex .
the durattion of the permanent disability payments is based on the rating-- the higher the rating the longer they last:
lifetime payment for 100% - an additional variable pension if over 70% and decreasing length for those below 70.
there is also retraining voucher available if the employer is unable to provide modified work
http://www.dir.ca.gov/dwc/rehab.html
as TD gets closer to ending your husband should be looking at returning to some employment.
here's a link to an atty article on settlements your husband might find helpful
(it's a bit dated but the generally still good)
http://hurtworker.com/english/workerscom...ements.htm
Thanks again for your response. What does "serious injuries are rarely "worth it"
mean? This IS complex!! I don't understand about the payments. If he is not rated yet and we are still waiting on the last AME, will WC still give him money if he gets SDI, the temp one? I did see the retraining voucher on there. But still, he is not rated yet so how do they figure out the payments? This is just so scary not knowing if we will be 'homeless' in July and not be able to afford to rent somewhere. WHat is he tried to go back to work before we had all this finalized? IS that bad to do? He used to be one of the top in his trade in Calif. and was highly sought after by 'head hunters' so he has been offered a real good union job and really could probably do some of the work and is thinking maybe he should try to work since we will be not able to make itin July anyway. When they settle, in Calif., what are the amounts WC usually gives? I know that is REAL vague, but are we talking $10,000 max? OR can it ever be something to TRULY help you out to live for awhile? Thanks again!!!
I'm not sure what more information I can offer.
there are no usual amounts and it would depend on the type of settlement.
"comp rate is based on estimated PD rating"
if your husband wants to try and make a guess at his possiblePD rate
he can try this website
http://www.pdratings.com/2010pdchart.pdf
Has your husband applied for Social Security Disability? I applied as soon as I found out that my restrictions were going to be permanent. You can do this for him online.
http://www.ssa.gov
1171 Wrote:I'm not sure what more information I can offer.
there are no usual amounts and it would depend on the type of settlement.
"comp rate is based on estimated PD rating"
if your husband wants to try and make a guess at his possiblePD rate
he can try this website
http://www.pdratings.com/2010pdchart.pdf
the physician's impairment rating is modified by the state into a disability rating that's used to determine benefit weeks but this might provide a rough approximation of what to expect.