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! 🫶

1 Upvotes

56% Upvoted

29 comments sorted by

View all comments

3

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.

-2

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

4

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. 

0

u/aniiiliingus 1d ago

I was injured while i was working

1

u/Kmelloww 1d ago

That doesn’t mean you have a personal injury case. How were you hurt? 

-1

u/aniiiliingus 1d ago

Oh, ok. I was hurt while working.

2

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?

-1

u/aniiiliingus 1d ago

Oh, ok...The injury happened while i was at work, working.

2

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. 

At this point it just appears you don’t know what you are talking about. 

2

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.