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| Worker's
Compensation due to Back Injury |
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Question:
I have been off work since February, and will never go back to my old job -
my employer has said they will not accommodate my injury, although I have
only received any kind of official notification through CHUBB. I was an
audio/visual technician, setting up screens and microphones for big business
meetings in the San Francisco area. Lots of lifting and bending. I have two
herniated disks in my lower back, which have not required surgery, but may
at some point. For a while I could not walk, and slept standing up.
Physically, I feel pain several times every day, but am not on any
narcotics. I can walk, do the Stairmaster, and shoot jump shots, but I may
never swing a golf club again. I am currently "on leave" from my job and
just listed as permanent and stationary. I am getting $140 dollars a week,
which sucks. I was getting $771 every two weeks.
I'm planning on going through vocational rehab. My goal is to use the voc
rehab money to set myself up as a freelance video editor, which is something
for which I have a strong background. I've called one of the phone numbers
given to me by CHUBB (the insurance company handling the claim). I talked to
them briefly, they said they would call for approval and get back to me on
12/2/02. They have not called. I have called the adjuster this week three
times, but she has not returned my calls. I am desperate to get the ball
rolling on the voc rehab, because I really need to supplement my income, and
have been told I cannot access these funds without getting set up through a
voc rehab counselor. My wife and I are barely able to make end meet - thank
god we don't have any kids.
I have not reached the "settlement" phase of my claim. I have a doctor's
appointment on 12/20 for an evaluation. I have been afraid to supplement my
income with advances from the settlement, because I don't have any idea how
much it will be. I don't think I'm interested in settling with out medical
coverage for my injury, though, as I think I may require surgery in the
future. If the settlement isn't enough, I'm afraid I will end up owing the
insurance company (they already said they paid me a weeks temporary too
much, so they will take that out of whatever final resolution there is).
My questions are:
What can I expect from the evaluation?
When will I reach the settlement part of this ordeal? What kind of
settlement is typical for my injury?
What are the tax implications of the settlement? Of the payments I've
received so far?
Am I really required to pay someone to counsel me on spending the voc rehab
money? I hate this, since I know exactly how I'd like to spend it, and the
counselor will cost around a thousand dollars.
Is voc rehab a joke? I'm afraid it is just some scam so someone ELSE can
benefit from my injury, and that they will cut me off when the find out I
won't go to McDonald's Management School or whatever.
Should I be seeing an attorney now? Have I waited too long? Have I not
waited long enough? Will attorneys be interested in my case?
Should I supplement my permanent disability checks with advances from the
settlement. Money is really tight, if I can get money from voc rehab I think
I'll be okay.
Answer:
Get a lawyer. For a back injury, you need one. Don't worry too much about the
expense: in California, the lawyer will be paid out of your final settlement,
and the amount of money is regulated by state law to be quite modest.
A work comp lawyer will be able to give you advice.
My back-injury housemate's experience with California work comp voc rehab is
that the system will slowly do random things to you. In her case, they ended
up insisting on making her go to twice the amount of voc rehab as she was
entitled to. Which was fortunate - the first voc rehab was simply a money
mill, and could never have survived but for the insurers continuing to pay
money to it. The insurers, of course, didn't much care; they were providing
voc rehab solely out of legal obligation.
Overall, to give you an idea of the time frame, it took my housemate four
years from date of injury to completion of voc rehab to negotiate that
particular California work comp maze.
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