please help

[mahlin313]

im not sure where i stand. i was injured on the job back in 08/09at an off site in fresno but didnt report it til 2/10, went on light duty at my companies main ofc in nor cal then released back to work in 4/10. everything was of for the most part(sore from time to time) and then i tripped and fell at another off site in modesto in september of this year. my dr put me on light duty cz i reinjured my back when i fell. my company accommodated the light duty til 11/5 when the dr declared me p&s. up til that point i was working 20 hrs a week getting paid from my employer and then supplemental monies from work comp insurance. since the dr said i was p&s my company says they no longer can accommodate my light duty and i am home now. work comp apparently figures that the amount that you make should be less if your not working pt. my question is how do i know what the insurance is paying me is correct? if it is thats not going to cut it i have a mortgage to pay so what other recourse do i have, can i file for state disability or something?

[Manley2]

I can't say for sure but it would be my thought that yes you would have to pay back unemployment if they go back and pay you TTD. Your WC pay is to cover your income when your off because of an injury so you would not get unemployment.
Now my question is this. Are you off work because of an injury and not suppose to work? If so you can't apply for unemployment because you are saying you are able to work but just don't have a job. If a doctor has put you off work then unemployment is not going to pay you. Trust me I think I know where your at, being off work because of a injury and not getting any money is never a good place to be

[mahlin313]

Maybe I wrote my question wrong but I have been only collecting wc even now that my employer doesn't have light duty for me. Since they can not accommodate my restrictions I have been home and declared p & s. This has dropped my income by several hundreds of dollars a month. That said can I now apply for state disability to supplement my income? If not any suggestions on how to supplement my income. I certainly can't go back to work like this though.

Manley2 Wrote:I can't say for sure but it would be my thought that yes you would have to pay back unemployment if they go back and pay you TTD. Your WC pay is to cover your income when your off because of an injury so you would not get unemployment.
Now my question is this. Are you off work because of an injury and not suppose to work? If so you can't apply for unemployment because you are saying you are able to work but just don't have a job. If a doctor has put you off work then unemployment is not going to pay you. Trust me I think I know where your at, being off work because of a injury and not getting any money is never a good place to be

[1171]

the rates are set by law. there are minimums and maximums.
once you are P&S temporary disability payments stop.
you are entitled to permanent partial disability advances up to a point.
once your condition is permanent you are not eligible for SDI.
you can apply for unemployment as long as you are looking for work within your restrictions.
depending on your rating you are eligible for a training voucher.
more info on califnoria comp benefits in the factsheets
http://www.dir.ca.gov/dwc/iwguides.html

[mahlin313]

Thanks.I will check that out. Do you happen to know if and or how to get the maximum amount allowed.

1171 Wrote:the rates are set by law. there are minimums and maximums.
once you are P&S temporary disability payments stop.
you are entitled to permanent partial disability advances up to a point.
once your condition is permanent you are not eligible for SDI.
you can apply for unemployment as long as you are looking for work within your restrictions.
depending on your rating you are eligible for a training voucher.
more info on califnoria comp benefits in the factsheets
http://www.dir.ca.gov/dwc/iwguides.html

[mahlin313]

Thanks.I will check that out. Do you happen to know if and or how to get the maximum amount allowed.

1171 Wrote:the rates are set by law. there are minimums and maximums.
once you are P&S temporary disability payments stop.
you are entitled to permanent partial disability advances up to a point.
once your condition is permanent you are not eligible for SDI.
you can apply for unemployment as long as you are looking for work within your restrictions.
depending on your rating you are eligible for a training voucher.
more info on califnoria comp benefits in the factsheets
http://www.dir.ca.gov/dwc/iwguides.html

[1171]

maximum california PPD rate for a 2009 injury with PD rating under 70% is $230/week.