Legal Question in Workers Comp in California

》Should the WC settlement demand amt include the total amt of income lost, while not collecting a normal salary? And, since I believe that I read somewhere, that any weekly benefits (ie state) received aside from WCI, are to be reimbursed from the settlement; can/should these figures be added into the settlement demand amt as well?

》Is it true, that if I'm technically still employed by the same employer, where the injury occured, and a settlement amt is agreed to; that most likely my resignation is going to be required, as a stipulation of the settment? And if so, what, if any, additional loss of income, can be added to the settlement demand amt?

I ask, due to the fact that I have 15+ yrs experience, in a specialized field, within fin'l institutions, and 5+ yrs vested in the current position. So, finding a job with the same salary and benefits, is more than likely going to take a considerable amt of time, IF it is even at all possible.

》With a Psychiatric disability (anxiety, stress, & depression; stemming from the original injury, and my continued physical medical issues), now included in my permanent medical records (which are often checked, when being considered for certain positions, that require "bonding"), how can that be taken into account, to be included in the settlement demand amt? Or, can it not be included, even though it could greatly affect my future employment, and earning potential?

Asked on 6/25/13, 12:04 pm

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1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers
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You need to read over the relevant chapters in the Nolo Press book on WC or a similar book written for lay people. Basically, you are only entitled to receive Temporary total disability during the time you are off work [2/3rd of salary with a dollar per week cap]; State Disability is supposed to be paid back since WC is paying you the same or greater amount [WC pays you and you pay EDD or WC will pay them directly]. It is illegal to require you to resign from work in return for any WC benefits [purpose of WC is to get employees back to work ASAP]. Based upon the medical reports, a certain degree of permanent disability will be determined, adjusted for your age and occupation, and then payable every two weeks until the number of weeks you are entitled to runs out. The major issue involved in a settlement of a case in which injury has been found is whether you settle future medical treatment [entitled to it for life] or not; unless you have medical coverage that will handle it and they offer you a large lump sum, it normally is best not to enter into a full settlement [C&R] of the case. If you need an attorney to guide you through the process, the Board will normally give them a fee of 10-12% of the permanent disability. Since I have not been very active in the field for many years, I would ask for less, but you can call me for about 10 minutes or so of free advice. (510) 441-2684

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Answered on 6/25/13, 8:28 pm

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