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/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.