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multiple losses from injury, compensation for one. - lifeasweknowit - 07-07-2011

Hi there, this is my first post so I will put up as much info as possible. I live in California I have a full time job as an equipment manager for a construction company owned by my father, I also own my own business that I work evenings and Friday Saturday. I have a web site that sells parts for race cars and I build them and anything else custom. I was injured on may 5th while working for the construction company. I feel that the workers comp people are doing there part, they have found a position for me at there office since I am modified duty and have adjusted my schedule to one I am use to so I have time to deal with my business. Unfortunately I have had to just about stop a major project I have been working on and have had to hire people to come out and do the work I should be doing and getting paid for. I have also had to turn away a considerable about of other business knowing that I will be unable to start the project or even finish what I have now. My question is what are my rights in recovering these losses? I am really hesitant to call an attorney I am not looking to do anything that will hurt the family construction business but feel that the workers comp insurance should be compensating me some how for my business loss, I have lost almost half of my income since the injury. What should I do? I have talked to the insurance company and provided them with proof of this income and answered all of there questions but I can no longer get a response from them if I call or email.

RE: multiple losses from injury, compensation for one. - 1171 - 07-07-2011

the temporary disability rate is based on the loss of earnings during recovery.
that can be very difficult to document in many cases and the law provides calculations based on past earnings--going as far back as the prior 52 weeks/yr as the best indicator of what maybe lost during the temporary disability period.
Labor Code 4453

of course, a prerequisite for any temporary disability payment is having work restrictions from your treating physician.
when there is lost income other then from the employer where the work injury occurred the calculation gets a bit more complicated.
the law allows the lost time from all employments to be include but only at the hourly rate of the employer where the injury occurred.
In any case there is a Maximum rate that varies with the injury date. In 2010 it was $986.69/week (2/3 of $1480.04/week in earnings)

california provides for temporary wage loss when an employee returns to work at less then maximum earnings. If your modified work is paying you less then the maximum for your injury date, the carrier can pay 2/3 of the difference.

some injuries are serious enough that permanent disability results. the law is much broader in determining that rate. here earning potential can be factored in as well. there is also weekly maximum (much lower).

you can get basic information about TTD from factsheet C
or you can contact the state Information & Assistance Officer

An atty cannot get you a TTD rate greater then the maximum allowed by law or without physician authorized lost time/work restrictions.

RE: multiple losses from injury, compensation for one. - lifeasweknowit - 07-07-2011

Is temporary disability different from workers comp? I'm getting my same pay check from the same place I normal do. My limitations are sit down work only so they have been having me answer phones, but I get paid the same as I normally would. But I can't make money for my company because of the injury and I have to pay the rent for my shop in a couple of weeks.

RE: multiple losses from injury, compensation for one. - 1171 - 07-07-2011

temporary disability is one of the work comp benefits.
from the link i gave you there is a factsheet on the benefits