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Help?
#1
What is indemnity and how does it fit into an agreement?
 
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#2
With workers' comp, indemnity describes payments made to an injured or sick employee whose injury or illness occurred as a result of employment. Workers' comp indemnity attempts to compensate the employee for lost wages and make the employee financially whole.
https://smallbusiness.chron.com/workers-...63763.html

When it comes to the payments you receive you get temporary disability for up to 104 months. After 104 months OR a Qualified Medical Evaluation finds you permanent and stationary you will receive permanent disability checks. Permanent disability checks are an advance on your settlement so when it comes time to settle the amount paid in permanent disability will come out of the final settlement agreement. From my understanding the amount of your checks are determined by you wage when you were injured. You should receive 2/3 of your income (it's a bummer to lose that 1/3) but it's non taxable income.

Hope that helps. At least this is how it works in California

Note: If you aren't familiar with things like temp disability vs permanent disability then I assume you don't have a lawyer. I waited a while before I got representation for my case, but I would advise anyone going into the worker's comp system to get a lawyer. Yeah they're going to get 15% of your settlement, but they will solve a lot of problems, remove obstacles and help you get the compensation you deserve. I have a TERRIBLE IC, but I've heard of co-operative/friendly insurance adjusters. In my personal opinion even if your insurance adjuster is a care bear they do NOT have your best interest at heart. Their job is to decrease expenses and increase profits.
"Spread love everywhere you go." - Mother Teresa​
I am not a professional and I live in California. I've been in the system 93 months and counting so I've been around the block a couple of times.
 
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#3
I have a lawyer he just explained something to me that didn't make much sense. Does anyone know how an agreement should be written up so it doesn't affect your ssdi. I read that you should ask that a lump sum be written out to retirement age, so it's spread out over years in the agreement. What is that actual language?
 
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#4
Hmmm good question. I'm currently applying for SSDI and it seems to be going well so I'm hopeful. Also my case will HOPEFULLY be closing soon so I'd like to know the answer to this as well. Maybe start a new forum thread for it? I'm not sure how likely it is that the admin will read all the messages and see a new question being asked...? *shrug* I'm new here. Not new to WC though. I've been in the system 93 months *sigh*
"Spread love everywhere you go." - Mother Teresa​
I am not a professional and I live in California. I've been in the system 93 months and counting so I've been around the block a couple of times.
 
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#5
(04-07-2020, 07:23 PM)3200 Wrote: I have a lawyer he just explained something to me that didn't make much sense. Does anyone know how an agreement should be written up so it doesn't affect your ssdi. I read that you should ask that a lump sum be written out to retirement age, so it's spread out over years in the agreement. What is that actual language?

If your lawyer does Not know how to word a legal document to correctly protect your benefits you need another lawyer.
Talk to more then one and only those that specialize in your states work comp.
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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#6
I wish I could get a new attorney, but even with a 36% impairment and psych as a body part I've had trouble finding a new lawyer. No one likes half pay. I live in a small town (30,000) and made the mistake of hiring the local workers comp attorney. He seemed capable. In retrospect I wish I had gone out of town for a lawyer. I agree with 1171. Don't settle for anything less than a workers comp specialist. They exist. I wish I had, and it seems you do too >.>
"Spread love everywhere you go." - Mother Teresa​
I am not a professional and I live in California. I've been in the system 93 months and counting so I've been around the block a couple of times.
 
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#7
I asked my lawyer and he said he does. But the way I think and I wish I didn't believe me. I like to make sure it's correct. I have been told many things in my life that I took as the correct information. So to better lower my anxiety I like to check with this site and others to make sure I am being given the best information possible.
 
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#8
Keep in mind language can be tricky. Saying something like "worker's comp is my area of specialty" or "I specialize in workmans comp" is NOT the same language as "I am a worker's compensation specialist. This is an actual certification that is earned.

To become a certified specialist in workers’ compensation law, an attorney must:
-Pass a written exam
-Demonstrate a high level of experience in workers’ compensation law by meeting specific task and experience requirements
-Receive favorable evaluations by attorneys and judges familiar with the attorney’s work
-Complete at least 45 hours of continuing education in the specialty field
-Have been engaged in the practice of workers compensation law for at least 25% of the time the attorney has spent in -practice during the last five years
-Be an active member of the State Bar of California
-Be in good standing before the Workers’ Compensation Appeals Board
"Spread love everywhere you go." - Mother Teresa​
I am not a professional and I live in California. I've been in the system 93 months and counting so I've been around the block a couple of times.
 
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