BIRNBERG & ASSOCIATES
Legal Representation Of Jones Act and Maritime Workers &  Longshore Industry

Call Us Now (415) 398- 1040               Future Solutions Now


Call Us Now (415) 398- 1040               Future Solutions Now
 

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1083 Mission St. Third Floor
San Francisco, CA  94103-2812
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birnberg@birnberg.com

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California Workers' Compensation Act


When you are injured on the job - you became eligible for several types of benefits under Workers' Compensation Law in California.


Temporary Disability (TD)



Temporary disability is paid weekly during the time the doctor says you are unable to work because of an injury. Your compensation rate is two-thirds (66%) of your gross earnings, up to the maximum amounts set by the law. The current maximum rate is $900.00 per week and changes periodically. This amount is considered non-taxable income. There is a short waiting period for your first check depending on the date of your injury. It may takes about 2 weeks before the first payment is ready.


If the insurance company will not pay temporary disability, it is often likely to receive disability payments from the Employment Development Department (EDD). These are called SDI (State Disability Insurance) benefits. You should inform the person assisting you at EDD that you have applied for workers' compensation benefits and your request has been denied. However, you cannot receive benefits from both the workers' compensation carrier and from EDD.


Permanent Disability (PD)



You may be able to receive a permanent disability rating if you have any residual disability due to your injury. This is not payable until your condition becomes permanent and stationary- meaning that the doctor has confirmed that your condition has stabled and will stay substantially the same in the future. It doesn't necessarily mean that you have recovered from your injury fully. We will contact you as soon as we receive any report from a doctor which indicates that your condition is permanent and stationary. Until that time, your case will not be ready for settlement and we are unable to give you any evaluation as to the value of your claim.


Medical Consultation



As soon as your treating doctor specify that your condition may be permanent and stationary or that you can return to work, we may make arrangements for you to be examined by a medical specialist who deals with the type of injuries you sustained. The purpose of that consultation is to review your medical and physical condition. The insurance carrier may also evaluate you by a physician of their choice. It is very important to your case that you attend all medical consultation as scheduled on time. You will receive notice in advance of any scheduled appointment by mail.


After the  physician examines you, s/he will send us a detailed narrative report setting forth his/ her opinion as to the type and extend of your disability, your need for further medical care and your ability to return to work. It usually takes the doctor about 4 to 6 weeks to prepare and mail out the report.


Normally, your case cannot be settled until all of the medical reports are prepared and mailed to everyone. As soon as we receive the report, it is reviewed and evaluated. The report will also be "rated" and a percentage of disability will be assigned to the doctors opinions according to the rating guidelines of the State of California. These rating guidelines are pre-set and standard throughout the state. The "rating" percentage is then converted to a monetary amount according to your pre-set schedule.  The value of your case is based upon this rating and not upon pain and suffering or loss of earnings or upon the extent of your medical treatment.


Therefore, the medical consultation may be vital to your case. It is very important that you go to all of your medical appointments as scheduled and that you cooperate fully with the physician.


Rehabilitation



A qualified injured worker (QIW) is given an educational voucher which may be re-deemed for books and tuition in any state approved program. The value of this voucher ranges between a minimum of $4,000 to $10,000 dollars depending on the level of disability of the injured workers.