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hurt at work now on workers comp - itzadrian - 03-16-2011

So i was hurt at work. I was hired for full time and was getting $9.50 an hour. But the person handling my workers comp case said that I was going to get the minimum workers comp which is like $250.00 every 2 weeks. I only worked at my job for 3 weeks. He said that because i didn't work enough time I wasn't eligible for the 2/3rds I heard i'm suppose to get. He also told me that if I get pay stubs from my previous jobs they could add more to my workers comp check. This happen in the state in California.

Can they do this? Aren't I suppose to get 2/3rd my wage no matter how long I worked at my job


RE: hurt at work now on workers comp - 1171 - 03-16-2011

workers comp doesn't pay by the hour but by the week.
they are looking to establish your average weekly wage.
there are many different types of employment that modify your earnings computation.
if you were hired as a permanent full time employee then should be paid based on your going wage.
sounds like you got a new or poorly trained adjuster.
make sure your employer reports to the carrier that you are a permanent full time worker.
I believe the current minimum is $148/week.
http://www.dir.ca.gov/dwc/dwc_newslines/2010/Newsline_56-10.html
so you should at least be getting $296 every two weeks.
put your complaint in writing and send it to the claims supervisor or claims manager.
let your employer know as well. they can often get your rate reviewed faster.




RE: hurt at work now on workers comp - itzadrian - 03-16-2011

thanks for the info. One more thing to add that I forgot I was hired through a temp agency but they never said for how long. That was also a reason why my adjuster said i was getting paid so little. Some people where I worked at have been working through the temp agency for over a year.




RE: hurt at work now on workers comp - 1171 - 03-16-2011

that changes everything.
sounds like your employer may be the temp agency and not the current assignment?

how can you be permanent full time without a fixed job?
yup, you are going to have to prove you'd be still working there.
if you can get the company to put in writing how long they planned to keep you, you may have a chance to keep the going wage.
otherwise they'll want your wage history to figure out how much wages you are loosing.


RE: hurt at work now on workers comp - itzadrian - 03-16-2011

Yeah my employer is the temp agency. I finally have a court date this month for back pay that my lawyer made several months ago. I don't think my lawyer is going to request a court date with out having proof or anything like that. I worked for the temp agency for 2 or 3 weeks till my injury happen. before this I went to another court date because they stopped giving me payments. My lawyer saw that I was getting payed very little and said since I was hired full time at 9.25 an hour I should be getting more. My ex-employer lawyers said they were surprised by this and needed it more time and a different court date. they owe me around 19grand according to my lawyer.