[socalnerd]

Hi there,

First I'm in the state of CA.  I got injured concussion and other fun things like back and neck and should injuries.
I'm likely going to have surgery, which I will have to take 3-4 months (or more) off? The Workers Comp. max. monthly reimbursement is about 40% of what I earn.  In the settlement, should I try to re-claim the 60% lost wages? 


Also, I do not have an attorney.  Should I get one? What % of settlement wold they take?
I support a family of 3 + wife (who will likely return t work soon as its been a rough couple of months).  Thanks.

[1171]

sure but negotiation is all about "leverage" what do you have to bargain with?
why would they pay you more then they have to?
comp benefits are fixed, not open ended.
the employer/carrier has no legal liability to provide full replacement of wages.
work comp is not civil/tort, it's no fault.

in addition to the capped wage replacement benefit (temporary disability) comp is also obligated to determine if you are left with any permanent impairment. there is a rating process used to calculate the additional permanent disability payments. it is NOT determined by the amount of wages you lost.

if you are going to negotiate your own settlement without an atty, you need basic information about what benefits you are entitled to.
for more information:
http://www.dir.ca.gov/dwc/IandA.html
and the guidebook
http://www.dir.ca.gov/dwc/dwcrep.htm

[California_Help]

This income is not taxed so it will not be as bad as you may anticipate.

You can try to apply for state disability and see if they will supplement the workers compensation TTD payments.

If you have a STD or LTD policy through your employer, this would be the time to use it. They usually pay around 60-66% of your income and may supplement the work comp temporary disability payments.

I recommend getting the Christopher Ball book on workers compensation in California. Make sure you get the most recent book or the laws are out of date. This may help you understand the process.

Work comp attorney's take between 9%-15% of your settlement. Sometimes hiring an attorney can cause friction with the employer (especially if they are self insured). I recommend hiring an attorney only if things are going bad.(JMO)