Workmans Comp Do I Have To Payback…?

Monday, March 8, 2010
By WcrAdmin

I know that you can collect Temp Disability while you await a decision on a workers comp claim(due to an on the job injury). But what happens after that? Let’s say you do receive a small settlement fro WC. If you still are not able to return to are you still able to collect Temp. or Permanent Disability?

I’ve also heard that you have to pay back any money you received from Temp. Disability out of your Workers Comp Settlement. Is this true? Thanks in advance.
BTW: I live in California.

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3 Responses to “Workmans Comp Do I Have To Payback…?”

  1. You can apply for temporary disability as long as you let them know the reason for your being out of work is due to an injury that may be deemed as a work comp. injury. You have to tell them up front or you may have to pay back any money you receive from them. You should check with S.D.I. and ask them about what happens if you are accepted for benefits then the claim gets accepted by w.c. I don’t think you can apply for s.d.i. if the injury was due to a work situation and is in the realm of w.c. Check the web site for s.d.i. and give them a call before you do something wrong. They will pursue you for repayment of wages if you are not supposed to collect. Up to and including a garnishment.

    If the claim is accepted by w.c. as a claim and they will pay you benefits it will be paid in weekly or bi-weekly checks. The claim will continue until they either deem you are able to return to work, or can not return to work. If you are not able to do the job you were doing before because the injury was so severe then you may be given training for another career, paid for by your w.c. carrier. Not a college degree, but vocational training. If the injury was so severe that you are physically unable to do any kind of work at all then the case is turned over to social security disability. You will have to file a claim with them, along with doctor’s reports to support the claim that you are not able to do work of any kind.

    #14087
  2. Fact sheets for IW”s in Calif are here These will help clear up the
    misleading info from hr4me. You file a claim for WC benefits with
    your employER. THe ER files with the IC/ins co. The IC will
    investigate the claim, and pay benefits. Wage loss or TTD is good
    for up to 104 weeks from your orginial DOI/date of injury. After
    recovery, and you are stable, or MMI/max medical improvement has
    been reached, you will be rated for impairment. That rating will
    determine the indemnity due. WC awards/settlement are pre
    determined by law, and based on a number of weeks for each one % of
    the rating. If you are MMI and released to return to work you would
    not be eligible for more weekly payments of TTD. The PDA’s,
    permenant disability advances are paid on the same schedule as TTD,
    but at a much lower rate. If you accept a lump sum payment, the
    claim closes forever, no more payments. STOP listening to people
    who don’t know what they are talking about. So far, all you have
    “heard” is not true. You DO NOT pay back TTD. You do NOT pay back
    SDI. IF there is a overpayment of SDI while you are eligible for
    TTD benefits, the carrier will pay back SDI. Read the fact sheets,
    and consult an I&A…Information and Assistance officer at the
    WCAB. And, you should contact an attorney… you won’t be able to
    handle this on your own.

    #14126
  3. What happens if the claim is denied? Do you have to pay for all the
    medical expenses,for example, the Therapy, and the doctors visit?

    #40562

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