Have you ever been on workers comp. or state disability?

Monday, January 30, 2012
By WcrAdmin

I was injured at work in 2004 and was immediatly placed on temp. dissability pending treatment,I was told that i couldnt recieve state disability cuase i was on workers comp.even though there was money available in my s.d.i Ive had two surgerys and tons of phyisical therapy since then with little improvment my doctors now tell me i need another surgery and even then,they say i can never return to my line of work, Now my temporary dissability has ended due to california state law and im told that i cant apply for state dissability because i havent worked in the last 3 years.Ive worked my whole life and have never been involved in any type of dissability yet im not recieving any income and cant return to work cause my doctor wont authorize it and have been told by my attorney that if i go and get another job it will effect my case against the insurance company,So my question is if there are any other people who have gone through this situation and what did you do for income?need help
Does this make sense?

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4 Responses to “Have you ever been on workers comp. or state disability?”

  1. apply for long term disability through SSI if you paid into it.

    Check your old pay stubs and see if you paid into long term disability at your work. If you did you can apply for that. If they stonewall you call an attorney, or call HR and tell them your attorney said to send you the forms and they can’t refuse.

    We’re going through it for my wife. a-holes. always screwing with people.

    #11627
  2. pat

    I have gone through a similar situation. It is AWFUL. I understand your frustration and feelings of hopelessness. I don’t know California law regarding Workman’s Compensation but I would advise you to seek legal counsel for further assistance. Something sure does not sound right here! Best of luck to you and I hope you start to get better soon!

    #11628
  3. I don’t know anything about California law (I’m from Massachusetts), but I went on long term disability. I would speak with your attorney more. As far as income, to be honest, I sold things on ebay for money. It helped to pay the bills. Good luck to you.

    #11629
  4. The EDD/SDI is calculated on a base period, generally the year
    prior to your claim. The dates change every quarter. If you have
    not worked during that time, there is no money in your “account”…
    SDI is an insurance policy, not a savings account. You should
    appeal the EDD denial though, you are required to file a claim for
    SDI within 49 days of your qualifying disability. EDD knows when
    you are involved in a WC claim you don’t think it will take 2+
    years to recover, and they are very lienient on that timeframe. TTD
    is capped in Calif at 104 weeks, after that SDI would pay an
    additional 52 weeks. There are very few employers offering STD/LTD
    coverage in Calif. Little reason for this coverage when we have WC
    and SDI. You would not be eligible for UI benefits until you are
    released to return to work, and are ”ready willing and able to
    accept suitable employment if offered”. Good luck to you.

    #17865

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