state disability workers comp question again ?
thank you ..ok so state disability step in cause insurance denying claim for work injury I’m fighting that ,so this money that I’m getting from state is the insurance paying back? if so will they deduct this from my settlement ? and I’m scare for how long can the state send me money ? will they be a time that there is no more money ? cause it will suck if they offer me 50,0000 and i have to pay the state back with my own money so what ever happen to my taxes is in this my own money that I’m getting from the state?
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When you got your first payment from State Disability, they should have also sent you a computation of what your daily and weekly amounts were. They will continue to pay you that amount for as long as your doctor certifies you are still disabled and until you have used all the funds that you have in your “bank” with State Disability. This info should also be on the computation letter.
Yes, you will have to pay the State Disability back if you win your work comp claim. Yes, when you settle your work comp claim, you can bet the payback to the state will be included in that amount.
Why are you not asking these questions to your attorney? That’s what you are paying HIM for!
This is something that you’ll need to ask the state eventually since this is your 2nd question regarding this.
If you in a state that isn’t monopolistic and in a regular state and your getting money from the state to cover bills while you are challenging your denial than what ever happens to the claim the state can place a lien on any future benefits you might get.
For instance if you filed for state wage because your claim is denied than your claim was suddenly accepted than the state will contact the insurance company and get all the money they paid you. For instance, if you got $3000 from the state than you will have to pay $3000 back to the state. Normally the insurance company will handle this. So if you settle the claim for $5000 than you’ll get $3000 because the state gave you that money.
Sorry there is nothing you can do if the state ask for their money back, and if you have child support payments, your settlement can be smaller after your attorney is paid.
The answer is yes, if you end up winning your insurance claim, the state will first be reimbursed what they have paid out to you, then you will get the remainder. (barring you don’t owe any back taxes or child support, then they make take the whole thing) And if you think about this, it is certainly fair and reasonable. Think of what the state is paying you as a loan to help you stay on your feet and get by while you fight the insurance company. When/if the insurance company does settle with you, the state should be reimbursed for assisting you. The taxpayers should not have to keep paying your bills if you receive a settlement with the insurance company. It’s quite a different story if the insurance company never settles with you, but if they do, you shouldn’t get paid twice by two different sources for one injury. I think that could be labeled double dipping. Sorry, I’m sure that’s not the answer you wanted to hear, but if you think about it, its only fair. Your state should not (and will not) keep paying you after it is deemed that your accident was caused at your place of work and their insurance is now paying you.
YOu did not provide what state you are in. In Calif, if your claim
is denied, you can receive SDI…up to 12 months. SDI is not a
“bank account” or savings. You pay a tax, or premium just like you
would on a insurance policy for home/auto, health insurance. The
benefits are for one year. They you have to go back to work and pay
additonal premiums. Once/IF the comp claim is accepte and you are
awarded TTD, the IC would pay you the difference between the TTD
rate and SDI rate. If there is any. The IC will reimburse SDI for
benefits you have received. This does NOT come from your
settlement. You are NOT responsible for wage replacement benefits
which TTD and SDI are. Nor are these benefits taxable. In Calif,
and some other states, there is a cap on TTD… generally 104
weeks. With SDI you have a total of THREE years of wage
loss/disability benefits. After that… you’re on your own.
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