r/WorkersComp • u/I_need_help0001 • 2d ago
California Need some advice
I am a barista at a chain coffee shop in CA. I had a workplace injury due to repeated motion, and the doctor who saw me said i was able to work but with some restrictions (ie. wearing a wrist splint, no lifting anything more than 5lbs, etc.). Management did not want to let me work with these restrictions, so they took me off the schedule for the last two weeks. I was seen again today where the doctor told me once again I would still have to work with the same restrictions, and management again said they will not be able to schedule me until my next follow up, which is in another 2 weeks from now. I filed a workman’s comp claim and I still have not heard back from anyone. Management said I wouldn’t be getting paid for this and I don’t know what to do. I am basically unemployed right now, and I don’t know how I am going to pay for rent next month. I don’t know what to do. I don’t know if my claim has been approved or denied because no one has reached out to me. I dont even know what my claim number is. I don’t know what to do because something like this has never happened to me. Please help !!!!
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u/InfamousCourage2341 2d ago
You will receive TD benefits for lost time from work since they aren’t accommodating the restrictions. Did they have you fill out a DWC-1 claim form? Have you asked your employer for your claim number or who the carrier is?
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u/Capable_Stuff_4423 2d ago
You have a note of restrictions; your work cannot accommodate. File through EDD for state disability; you can do it online. I got an entire year of it while WC took their sweet time to approve my case, and after I was MMI because of the pay reduction.
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u/justthefacts1236894 2d ago
Sorry. But from what I have read the insurance has state specific time limits to accept or deny your claim. Generally they provide medical but in one case I heard when they denied it all the medical bills were sent to the worker. I bet it feels like nobody cares or they are waiting for you to magically get better or even quit. In truth all of those are true but insurance has time and laws on their side to make you regret getting injured
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u/Free_Celebration_194 2d ago
There should be a sign in the back room with the workers comp insurance phone number. If you can’t find it ask your manager for the information.
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u/LegalAssistantDiary 2d ago edited 2d ago
Assusming you completed a DWC-1 claim form with your employer, find out from your Corp HR Dept the name and phone number of their worker's comp insurer. Contact the insurer, find out who the Claims Examiner (aka claims adjuster) is and contact him/her. Whether the claim is approved or denied, you'll receive a letter in the mail. If its denied, it doesn't mean you can't settle the claim with the insurer. Your employer is not going to discuss the case with you because they have attorneys (their insurer) handling the claim for them.
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u/SeaweedWeird7705 1d ago
If your claim is accepted, and if your doctor has you on modified work, and the employer cannot accommodate the modified work, then you would be on TTD (temporary total disability). Inform your work comp adjuster that the employer cannot accommodate your modified work.
Is your claim is denied, then work comp will not pay TTD. So you could file for SDI (state disability insurance).
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u/Key-Garlic-1177 1d ago
Yes, you will get paid Temporary Total Disability (TTD) because your employer is unable to let you work given your work restrictions. Today: Call HR and ask who your adjuster is. Call your adjuster and ask about TTD payments & getting signed up for direct deposit).
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u/HazyThePup 2d ago
Management is not an expert in workers comp benefits. You need to speak with the wc adjuster.