Legal Question in Workers Comp in California

VRMA payments and TD payments

Under California law not necessarily. Assuming that you are not represented by an attorney, the amount will likely be the same. However, the maximum weekly benefit for VRMA is $246.00 per week, while the current maximum benefit for TD is $490.00 per week. If you are affected by the benefit cap, you should be aware that there are certain instances in which the insurance company can supplement you VRMA benefits with advances on your settlement.

If you are represented by an attorney, your attorney will generally be entitled to take an attorney's fee from your bi-weekly benefit checks ranging from 9% to 15% of the benefit amount. The insurance company will withhold the money from your checks and hold it in trust until you finish rehabilitation. At that point your attorney must petition a judge for release of the money withheld to her. She must show the judge how much work she has done on this aspect of your case before the judge will approve the fee.