TEMPORARY OR PERMANENT DISABILITY
HOW DOES WORKERS' COMPENSATION WORK IF YOU
HAVE BEEN INJURED ON THE JOB?

Usually, an injured employee’s biggest concern is where his or her next paycheck is coming from.

If an employer/insurance carrier admits that you have received an injury on your job, you will receive temporary disability payments. These payments will usually consist of two-thirds of your gross salary to a maximum of $602 per week, tax free (for injuries which occurred after January 1, 2003). These payments are made once every two weeks.

When your doctor indicates that your condition has stabilized, i.e., has become permanent and stationary, an evaluation will be made as to how much permanent disability you have. At that point, the temporary disability payments will stop, and you may then receive permanent disability advances, which will be deducted from any future settlement or award.
You may continue to receive temporary disability payments if your doctors are in agreement that you are too disabled to return to your original job or if you are in a rehabilitation program.
....BEWARE OF INSURANCE COMPANY/EMPLOYER

You must realize the employer’s insurance carrier is simply a business whose main goal is to minimize its expenses. For that reason, the insurance carrier will do everything it can to obtain reports that minimize the amount of disability you have.

The insurance carrier will send you to doctors who may say there is nothing wrong with you or what is wrong with you has nothing to do with your job. This is to be expected, and workers’ compensation judges are aware of this practice. On the other hand, the judges are also aware that we applicant attorneys use doctors who will go out of their way to be favorable to you.
Sometimes, insurance carriers hire private investigators who hide out in trucks and take motion pictures of an injured employee performing activities which are inconsistent with the injury claimed. Sometimes an investigator will even interview your neighbors to check on your physical condition. For this reason, you must be very careful to limit your activities, so they do not damage your case.
....NEUTRAL DOCTORS (AGREED MEDICAL EXAMINER)

In many workers' compensation cases, you are sent to a neutral doctor. These doctors determine the extent of your job-related injury or disability and thus, the basis for the amount of your settlement or award. Therefore, the opinion of these neutral doctors is very important. You must not only tell neutral doctors all your complaints, relating them to your employment, but you must also be careful not to lead the doctors to believe you are faking, malingering, or merely pursuing your case to obtain as much money as possible.

You must indicate to the doctors that your main concern is that you recover from your injury and feel better, and your frustration and dissatisfaction comes from prior doctors not having been able to help you.
....DEPOSITIONS

Often, the employer insurance carrier or their attorneys will decide to take your deposition. These depositions are very important.

You must be sure to arrive at your deposition 45 minutes before its scheduled start, as specified on your appointment letter, so that you may be prepared. Prior to your deposition, an attorney from Goodchild & Duffy will prepare you to tell your story in a manner that is most favorable to your case.
....HOW DO I KNOW IF I AM ENTITLED TO REHABILITATION?

In order to be eligible for rehabilitation benefits, an individual must be called a "Qualified Injured Worker". To be a Qualified Injured Worker, an injured worker must demonstrate if: (1) He is precluded from his/her prior job or occupation because of his industrial injury or as a combination of the effects of his industrial injury, along with any prior disabilities he may have had; (2) He can reasonably be expected to return to suitable, gainful employment through the provisions of vocational rehabilitation, and the person is willing and ready to participate in such a program.

Rehabilitation benefits may include payment for uniforms, supplies, mileage reimbursement, and even lodging and meal allowances in situations where you are required to travel to a rehabilitation program location far away from home.

By law, the insurance carrier must withhold a reasonable reserve for appropriate attorney fees from your vocational rehabilitation maintenance allowance. This is usually 12% to 15% of the weekly benefit. At the end of your rehabilitation, Goodchild & Duffy will prepare a petition for receiving those attorney fees for representing you in your rehabilitation program. Attorney fees will then be paid to this law firm from the reserve withheld by the defendant (employer/insurance carrier) for this purpose. Remember that there is a $16,000.00 cap on all rehabilitation benefits taken together for those injuries which occurred after January 1, 1994.

We hope this information will be helpful to you.

Please contact us for a free consultation:

LAW OFFICES OF GOODCHILD & DUFFY
16133 VENTURA BLVD., #1250
ENCINO, CA 91436
(818) 380-1600
(323) 873-1161
(800) 468-0864