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Attacked @ Work
#1
Hello, my name is Daniel. My younger brother and I worked as security guards in the state of California. I am writing on his behalf. 
   Over the next year he went to physical therapy and had a few more seizures.Things started getting really bad and now He needs a caretaker, he needs more income. I guess what I am asking is what should we expect? Should he start collecting something like SSI disability? Can he even? We don't even know if this is gonna be a forever thing and our bills are stacking up high. Will he even get a settlement? How long do these things take if his is still having trouble? Sorry to write so much and probably give you little useful information thanks in advance though.
 
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#2
yes, he should apply for social security disability insurance. he will need a doctors verification that he has been or will be unable to do any work for at least a year.
if he needs attendant care, his treating doctor should prescribe it and make arrangements with the employer/agency/claims administrator.
make sure all the medical bills are being sent to the employer/claim administrator and any out of pocket medical is submitted for reimbursement; include mileage for medical appointments and travel.
settlements or permanent impairment benefits can't be done until the patient has reached maximum medical improvement which is different for every condition. comp coverage is for the life of the claim (TD limited to 104 weeks)
his workers compensation temporary disability rate should be very close to his take home pay, as it pays 2/3 of wages up to $1655/wk and can't be changed
if your brother is unable to make his own legal decisions, he should consider having the court appoint a guardian.
The practice of medicine is a lot of trial and error and not very exact. if he is not satisfied with his treatment or wants a second opinion, he can select any doctor in the employers Medical Provider Network.
here are some links about benefits and settlements:
http://www.dir.ca.gov/dwc/WCFaqIW.html#5
http://www.dir.ca.gov/dwc/CaseResolved.htm
http://www.dir.ca.gov/InjuredWorkerGuide...ebook.html

he should also look into applying for aid from the crime victims fund
http://vcgcb.ca.gov/victims/
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Can you please go back into your post and delete all of it except there is an injury and it is severe can he apply for SSDI and will there be a settlement and also change the title? It is important not to divulge too much information about you or your claim on any public forum. It is easy to change your post. Things you should never do is write date of injury, persons name or specifics about him or his injury where he can be identified. This is for your own protection. I am sorry to read about what happened it is heartbreakingSad

I recommend he applies for both SSI and SSDI ASAP both at the social security office.

If his doctor sucks ask for a complete list of the insurance companies MPN (medical provider network) and ask his attorney to help you pick another doctor. Google the doctor before you switch.

The doctor should be requesting things like caregiver. You need to find a doctor who is well versed in the work comp system so he can write and appeal utilization review denials. This system is slow, takes time and yes medical treatment can suck and does suck. If he is getting many denials from UR and his doctor is not appealing them this will be a problem. Make sure you are doing IMR appeals for the denials but there is another way to appeal the denials and it is through internal UR appeal.

Some things to start doing to help in the future:
 Read Everything he gets in the mail carefully and place it is a file to keep organized by date. Try to obtain all of the medical records, testing's and scans you can. I usually ask for the previous months report from the doctors office every time I go. When an MRI is done you can ask them to burn you a copy before you leave and then pick up the report the following week. These are things you will need to ensure future doctors get the testing's and also you need records to appeal denials (IMO).
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
thank you very much
 
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#5
It sounds like he needs a good team of doctors. His doctor should write and request a caregiver and lay it out why this is needed. In the mean time applying for SSI and SSDI should be done because it can sometimes take years t get approved for SSDI.

I wish you good luck and hope I did not scare you away from posting. I just want you to protect your identity on the internet as a lot of people visit forums. Again, I am so sorry to read about what happened. Don't give up.
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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