Comments on: Workers Comp in California?

By: Dave M

Dave M — Fri, 13 Nov 2009 16:27:29 +0000

Sorry “anon”, my full posting did not post!! Here is what I wanted
to explain re: psyc claims in CA: 1ST-> you MUST demonstrate
with a preponderance of (51%) evidence that the ACTUAL events of
your employment PREDOMINANTLY caused the psychiatric injury. So,
lets say you are disabled because of many factors which included:
stress at work, finances, recent death–>you still must PROVE
that the WORK STRESS contributed to at LEAST 51% of your work
injury…TRICKY! (There is an exception to the 51% rule…related
to violence at work…evidence level changes to 35%) 2ND-> if
you do prove and win the psyc claim, you JUST PROVED to the world
that you are PERMANENTLY psychologically damaged!! That is a “big
pill to swallow!!” 3RD->a psyc claim causes injuries which are
not necessarily manifested PHYSICALLY; therefore, a psyc claim is
considered SEPARATE from the actual “regular WC claim”…and the
damages won from the psyc claim (even though based off of the DEU
rating-Disability Eval Unit) secondary to and the award from which
EXCEED the original/physical claim…or what I referred to as the
“regular claim”

By: anon

anon — Wed, 11 Nov 2009 21:27:03 +0000

psyc” claims CANNOT simply be judged on according to visual
injuries!! Psychological damages in a WC claim are tricky…and the
insurer will DEFINITELY FIGHT you to the death. If you win
though…the insurer will have to pay certain damages which
significantly EXCEED the regular WC rulings.” Sorry, that is not
true in Calif WC. There are no ”significant” increases in a award
that includes phych issues. The indemnity would still be based only
on the PD/WPI rating…nothing more, nothing less. While a
pshch/stress claim is difficult, the injured worker is still
charged with proving the eligibility to the benefits being claimed.

By: Dave M

Dave M — Wed, 11 Nov 2009 19:35:44 +0000

THE ONLY (2) TWO ways that a WORK COMP claim can result in “PAIN
AND SUFFERING” damages are: 1) The employer/defense/insurer
committed “serious and willful” misconduct. Some examples…if your
employer intentionally misled or caused your injuries…you would
certainly have a case against them!! If the defense or WC carrier
intentionally misled, concealed evidence, or purposely manipulated
the case in their favor…that is CERTAINLY a case of “serious and
willful misconduct” If the WC carrier/defense consistently and
purposely withheld your necessary treatment (obviously in their
financial favor), that is “borderline” on “serious and willful”
misconduct; however, MOST of the “illegal” actions committed by the
defense/employers/WC insurers are PROTECTED by the system!! They
usually just get penalized/fined…IF your attorney ensures that
happens!! 2)PSYCHOLOGICAL TRAUMA/PSYCHIATRIC CLAIM…any “psyc”
claims CANNOT simply be judged on according to visual injuries!!
Psychological damages in a WC claim are tricky…and the insurer
will DEFINITELY FIGHT you to the death. If you win though…the
insurer will have to pay certain damages which significantly EXCEED
the regular WC rulings.

By: anon

anon — Tue, 10 Nov 2009 17:19:03 +0000

Fairness has nothing to do with workers compensation. The
employee/employer share in the ”fault” of your injury. Filing a
claim for benefits under your ER’s plan for industrial injury is
the exclusive remedy. Forget your thoughts of a personal injury
suit. It won’t happen. There is NO money for pain and suffering,
lost wages, or punitive damages in WC.

By: Marques de Valdegamas

Marques de Valdegamas — Mon, 09 Nov 2009 00:11:33 +0000

If I am understanding you correctly, you were injured in the course and scope of your employment. If that is the case, you are entitled to workers compensation benefits and ONLY workers compensation benefits. Unless your injury was caused by an outside third party you are restricted to receiving work comp benefits. You cannot sue for personal injury.
Your lawyer can and should be able to explain all this to you.

By: No Problem!

No Problem! — Sun, 08 Nov 2009 23:54:44 +0000

Try the sites below. Hope they help you.

By: JUSTME

JUSTME — Sun, 08 Nov 2009 23:38:03 +0000

I am going thru the same thing myself, and no, it is not fair. Best of luck to you.