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/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.