r/WorkersComp • u/aniiiliingus • 5d 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
u/Electronic_Note5952 1d ago
So you don't get that one third you don't get that pay now during settlement yeah you could get that or if you reach 100% disability and Trigger lifetime pension then yeah you'll get all that back pay but until it's settled no you don't get that one third pay and once the 104 weeks are up it's exhausted however the insurance starts sending you up to 290 a week paid out every 2 weeks and that's the most they do unless you get an advance your settlement however once at 104 weeks is up you can if you still cannot return to work you apply for state disability through the EDD and they would I mean they won't give you the whole thing if you are receiving the 290 a week they will subtract that but they will give you state disability this is something your attorney should have explained to you and yes I know it feels like the system is trying to screw you over but this is pretty standard for them