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What happens when worker's comp ends?
#1
Hi there. I'm new to the forum and I'm trying to help a friend of mine who had a back injury (had 2 surgeries so far) and her workers comp.will expire in 2 months. She's not even close to being ready to go back to work, she is actually worse than before the surgeries. The last surgery was 4 months ago and according to the dr. it will be a slow healing process. She's confused as far as her alternatives. She will probably have to apply for state disability and Medi-Cal, she will need to continue the treatment. In the meantime, she just contacted a lawyer, from what she heard when WC will be over there will be some kind of settlement. The lawyer didn't tell her much, just that they will do the best they can for her, no specifics. Can somebody give any advise as far as how she should proceed? She's by herself, no family to help, the state disability will be considerably lower than the WC benefits and she barely survives the way it is. She will definetely need more medical attention for at least another year, any advise? Please help.
 
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#2
if you read a number of posts on this board you will see that work comp rules are state specific and little detailed information can be provided without knowing the state.

you used the term Medi-cal so I'll guess california but you should clarify the state when requesting information. Put it in your profile.
there is only a settlement if there is permanent impairment otherwise the benefit is limited to the temporary disability and treatment.
Most serious injuries result in limited recovery so it's likely but not guarenteed to be additional permanent disability penefit payments.
a lump sum payment is not guarenteed.
the Maximum SDI benefit is $987/wk which is similar to worker's comp
http://www.edd.ca.gov/Disability/DI_Benefit_Amounts.htm
treatment provide by workers comp continues
she should look in to social security disability insurance
http://www.ssa.gov/disability/

have your friend read the factsheets (especially on Temporary Disability & Permanent disability)
http://www.dir.ca.gov/dwc/iwguides.html
make sure she sends in her medical mileage regularly.
her atty will advise her when it's time for her to do anything.
if there's no issues then she won't have to deal with much until the doctors say her recovery has reached maximum.

There are many active california posters on the site right now so she might want to check in personally.
 
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#3
1171 Wrote:if you read a number of posts on this board you will see that work comp rules are state specific and little detailed information can be provided without knowing the state.

you used the term Medi-cal so I'll guess california but you should clarify the state when requesting information. Put it in your profile.
there is only a settlement if there is permanent impairment otherwise the benefit is limited to the temporary disability and treatment.
Most serious injuries result in limited recovery so it's likely but not guarenteed to be additional permanent disability penefit payments.
a lump sum payment is not guarenteed.
the Maximum SDI benefit is $987/wk which is similar to worker's comp
http://www.edd.ca.gov/Disability/DI_Benefit_Amounts.htm
treatment provide by workers comp continues
she should look in to social security disability insurance
http://www.ssa.gov/disability/

have your friend read the factsheets (especially on Temporary Disability & Permanent disability)
http://www.dir.ca.gov/dwc/iwguides.html
make sure she sends in her medical mileage regularly.
her atty will advise her when it's time for her to do anything.
if there's no issues then she won't have to deal with much until the doctors say her recovery has reached maximum.

There are many active california posters on the site right now so she might want to check in personally.
 
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#4
Thank you for your help.
 
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#5
You are welcome.....
so you are california?
my information does NOT apply to other states....
 
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#6
gaby9533 Wrote:Thank you for your help.

Yes, we are in California and pretty lost in the workers comp issues. I'm reading as much as I can to be able to advise my friend. She has been asking for my help and advise which I won't be able to give unless I learn as much as I can (she has a hard time making sense of all these). I just started yesterday my search and the sites you gave me were helpfull. She is panicking not knowing what will happen to her. She rushed and called a lawyer (no recomm., just off the internet), he didn't tell her much, just that she has a case and they will do the best they can for her. She called her case mgr.and asked her what will happen after her WC is exhaused and she said she doesn't know. I'll keep reading and asking around. Thanks again.
 
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#7
hopefully she got an atty that specializes in workers comp-it's a very unique system with it's own courts.
here's a good source of california comp attys
caaa.org
(they have zip code search to find local members)
 
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#8
I am in Ca and my husbands WC is about over too and we just met with our attorney and I know exactly what is going to happen. Hopefully your friend has filed for Social Security. We were adviced to do that right away after his accident because they take your income at that time. When WC is over, they still have to help your friend medically. If she has filed for SDI then she will get that and maybe a little bit more money from WC, but that is not guaranteed. Our attny just told us that under the new law from 2004, they dont' get settlements anymore. He gave us an example. Say they award my husband $150,000 and medical for life. He will get $230 a week (trickle money) and medical on his related injury, for life. He said that some people cash out of their medical for hardships especially if they are moving out of state because then it may not be workable. It is crazy to think they don't do settlements. It is nice all the advice you get on here but I am new too and some people are SO friendly and some seem so uptight and don't realize that some of us have not been doing this for 20 years and dont' even know the lingo. We are on here because we dont' know what to expect. WE have been doing this for almost 2 years and I do know so much more than I did 2 years ago, but I still have SO much more to learn. It is horrible the new laws in Ca. I hope this helps. It is a very hard thing to go through and I hope your friend gets the help she needs!! Good luck!!
 
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#9
jddancy Wrote:I am in Ca and my husbands WC is about over too and we just met with our attorney and I know exactly what is going to happen. Hopefully your friend has filed for Social Security. We were adviced to do that right away after his accident because they take your income at that time. When WC is over, they still have to help your friend medically. If she has filed for SDI then she will get that and maybe a little bit more money from WC, but that is not guaranteed. Our attny just told us that under the new law from 2004, they dont' get settlements anymore. He gave us an example. Say they award my husband $150,000 and medical for life. He will get $230 a week (trickle money) and medical on his related injury, for life. He said that some people cash out of their medical for hardships especially if they are moving out of state because then it may not be workable. It is crazy to think they don't do settlements. It is nice all the advice you get on here but I am new too and some people are SO friendly and some seem so uptight and don't realize that some of us have not been doing this for 20 years and dont' even know the lingo. We are on here because we dont' know what to expect. WE have been doing this for almost 2 years and I do know so much more than I did 2 years ago, but I still have SO much more to learn. It is horrible the new laws in Ca. I hope this helps. It is a very hard thing to go through and I hope your friend gets the help she needs!! Good luck!!
 
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#10
Thank you for replying to my question. We are confused again. My friend was scheduled an appt.by her lawyer w/a dr. she just came back from the dr.where she was told that he will be in charge of her case now. She likes her dr. who did the second surgery and she doesn't want to change and she also feels that it's something wrong w/what the attorney did. He never told her that that's his intention. Is that normal for your attorney to change your dr.? She doesn't know what to expect and the attney doesn't say much.
 
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