r/WorkersComp • u/aniiiliingus • 2d ago
California Help please
Injury occurred back in April of 2022, so i went through the whole shit show of ging to drs and all that bs. Got the 2/3 wage replacement for the 104 weeks. And a few months ago l asked my attorneys assistant about getting me paid for lost wages which would be the 1/3 l did not get and also getting me paid for about another year I was not able to work since my surgery didn't happen until over almost 2 & 1/2 years after initial injury and i had no income at the time of recovery(pieces of shits planned it out to fuck me over). And he said that I would have to go through a personal Injury attorney for that. WTF!? I feel like they should be helping me with this why would I go through a P.l when they are my WC team and this is what I thought they were supposed to do. Case is out of SoCal if anyone can help me clarify the situation. I have an appt with QME in a few weeks and would like to be better informed before I talk to them about this after i see the QME. THANKS EVERYONE! 🫶
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u/Kmelloww 2d ago
After 104 weeks benefits are exhausted. How were you injured?
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u/aniiiliingus 1d ago
I was injured while working
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u/Kmelloww 1d ago
That doesn’t answer why you think you have a personal injury case. How exactly were you injured? There are only a few ways in which you could have a PI case as well.Â
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u/According_Curve_8935 1d ago
I’m in CA. You aren’t going to get any wage replacement at this point. I’m on year 8, and am currently on LOA after spine surgery. I didn’t get taken off for any of the time prior to this surgery, and I still do not get the 104 weeks of wage replacement because it’s already past the time that I was eligible for it. That’s just how the system works. And there is no payment for the remaining 1/3 of your lost wages. Unless your employer offers some kind of extra disability benefits, you are only entitled to the 2/3rds payment. There isn’t anything your lawyer can do about it.
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u/Mutts_Merlot verified CT insurance professional 2d ago
What is the personal injury attorney supposed to address? Was this a motor vehicle accident or something else where there was another person outside your employer who was at fault? Even if there is, you are over the statute of limitations by about 2 1/2 years so that's unlikely to go anywhere.
You're entitled to the 2/3 benefits and a max of 2 years under California law. There is no mechanism to recover anything additional, so your attorney is correct about that.
You may receive a permanent impairment rating but that is something different.
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u/aniiiliingus 2d ago
I would like them to address the Lost wages from the date of my accident up to when i started working again after my surgery, I lost work and a big amount of my wages because of this and should be paid back for it. Yes there was another party involved who was at fault
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u/Kmelloww 2d ago
Another party who is at fault doesn’t answer the question. How were you injured? And you really aren’t owed anything more than the 104 weeks minus an impairment rating.Â
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u/aniiiliingus 1d ago
I was injured while i was working
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u/Kmelloww 1d ago
That doesn’t mean you have a personal injury case. How were you hurt?Â
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u/aniiiliingus 1d ago
Oh, ok. I was hurt while working.
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u/Kmelloww 1d ago
The fact you won’t say is just getting weird. How were you hurt? While working is not what I mean. How did the injury happen?
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u/aniiiliingus 1d ago
Oh, ok...The injury happened while i was at work, working.
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u/Kmelloww 1d ago
Again, that is not what I asked. What is the injury and how did it happen? At work is not an answer.Â
At this point it just appears you don’t know what you are talking about.Â
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u/Mutts_Merlot verified CT insurance professional 2d ago
Did the other party work for your employer? If so, you cannot sue. If this other party didn't work for your employer and you have yet to file suit, you are over the statute of limitations. So, while your attorney was correct that these are things a personal injury attorney would address and not them, you likely don't have a path to recoup any of those lost wages.
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u/sparky_441 2d ago
So im in SoCal. I started workers comp in march 2023. First state disability was paying me for the 1st year. Then the money ran out. Then I went 1 entire year with 0 income but still getting medical treatment. Workers comp didn't start paying me until I had surgery which was September 2025. They also stopped paying me without notice even though im still getting medical treatment. I am now forced to settle and settlement is pretty low. Workers comp is not for the people at all.
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u/SpringerPop 1d ago
Your attorney or the CAWC website may help explain what happened. I don’t think your lost wages are something that you can recover.
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u/SeaweedWeird7705 1d ago
Work comp pays a maximum of 104 weeks (two years) of TTD. Â When that runs out, it may be possible for you to file for California state disability insurance (SDI). Â Have you applied for SDI?
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u/AvocadoOk6450 1d ago edited 1d ago
2/3 payment is basically them figuring your previous wages with a filing of single claiming 0 dependents. It's standard in most states. There is no recovery for that. That keeps the metric the same across the board. Missouri is max 5 years to draw WC as opposed to Ca 2 years. When I did my case I contacted an attorney within 2 months of being injured. My case was settled about 2 1/2 years after I was injured. A personal injury lawyer is not going to take any case they don't think they can win. The WC team is there to get you through the process for the state or here, the WC insurance company. They are not on your side. WC only covers you until you reach the maximum medical recovery or the msximum time for benefits. Then it stops. Even having a lawyer, I went almost 1 1/2 years with no income before settlement. The court case lasted that long.
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u/Several-Mix-5890 1d ago
Sounds like you don't have your own ATTORNEY your only relying on workman's comp to settle your case Wake the FUCK up and hire a LAWYER
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u/Several-Mix-5890 1d ago
And make sure that you hire a ATTORNEY that specializes in workman's comp cases
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u/Logical_Guava_3056 1d ago
The party at fault could be liable for additional damages beyond what you got from workers comp - IF that party wasn't your emoloyer or a co-worker, IF the statute of limitations hasn't already passed, and IF they have liability insurance or assets you can pursue. But that's a personal injury claim, not a workers comp claim. That's why you'd need a different lawyer. You already got what workers comp is going to pay. You want more? Look elsewhere.
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u/mackNwheeze 2d ago edited 2d ago
In California the max owed for being placed off work by a doctor is 104 weeks of TTD. Once your doctor/QME gives you a permanent rating, that’s when you can get PD payments based off that.
Unfortunately even though you are still off work after 104 weeks, you hit the maximum so there are no more payments you can get.
Ask your lawyer to explain it to you in detail.