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Does my workers comp case close if I'm fired with cause?
#1
I've been on light duty for 8 months but was recently fired with cause. Does this automatically close out my case, or does it continue regardless of my employment status? I was a few weeks away from receiving my disability rating.
 
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#2
Workers' comp is the employers insurance not the workers. It remains in effect as long as you Are claiming benefits against the employer no matter where you work.
It's not like health nsurance.
 
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#3
(09-02-2017, 12:18 AM)Kaii23 Wrote: I've been on light duty for 8 months but was recently fired with cause. Does this automatically close out my case, or does it continue regardless of my employment status? I was a few weeks away from receiving my disability rating.


Are you from California?

If you are from California, and your doctor believes you cannot work due to your injury you may be able to receive TTD payments from work comp (until you have been deemed permanent and stationary or up to 104 weeks if not P&S) and if not apply for state disability through EDD. If not, you can try applying for unemployment.

1171 (if this IW is from CA) for injuries after 1/1/2013 once a PD rating is given and if the employer cannot return the employee back to work they are eligible for SJDV. Do you know if they are fired before PD rating if they can still receive this? The amount of both benefits available are $11,000.

Kaii if you are not from California, the above is not relevant as these are California WC rules.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
i don't know the state.
the employer can state they would have taken them back but for the firing and probably avoid it.
 
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#5
In Md, I was fired, continued on TTD until I reached MMI.
Once MMI, TTD ended, then I went for a hearing, and was given an award of PTD.
That was appealed by the carrier, and then made into a settlement with a MSA
My case is finally closed after 6 years

Stay on top of things, and hire a sharp lawyer
 
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#6
Wow!!!! 6 years on workers comp? That sucks. I have been on for 19 months and was hoping it would end soon. I hit MMI about 2 months ago. When did you hit MMi vs when you settled or finalized your case?
 
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#7
A medical opinion of permanent total will almost always trigger litigation and appeals; the carrier has little to lose and much to gain if it can be reduced by even a few %. Settlements happen much quicker the lower the rating.
 
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#8
(09-12-2017, 02:24 AM)Craig12312 Wrote: Wow!!!! 6 years on workers comp? That sucks. I have been on for 19 months and was hoping it would end soon. I hit MMI about 2 months ago. When did you hit MMi vs when you settled or finalized your case?

(09-12-2017, 02:16 PM)1171 Wrote: A medical opinion of permanent total will almost always trigger litigation and appeals; the carrier has little to lose and much to gain if it can be reduced by even a few %. Settlements happen much quicker the lower the rating.

Every case is different. Like 1171 said, my case is no way like your case.
I honestly didn't have any issues with my carrier
 
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