File an Appeal within 20 days
In a nutshell, California State Disability is a rip-off to workers. It is a scam. The State of California takes money out of your check each week. Now, when you have a work injury, they will turn you down. How fair is that? It isn’t fair. But here is what you do.
First, you need to appeal within 20 days of getting your Notice of Computation or Notice of Claim Determination. In your Appeal, you have to request that they “back-date” your claim date. You want to “back-date” your claim to your original date of injury. You also need to say words to this effect, “I had a workers compensation claim and I did not apply for benefit sooner because I had a reasonable belief that I was going to receive California workers compensation benefits. Thus, I hereby request that you back-date my claim to my original date of injury of (fill in date).”
Remember, you have to send in your Appeal within 20 days, so don’t wait.
If you are seriously injured in a work injury, California has some of lowest workers compensation benefits in the U.S. Simply put, California workers compensation is extremely unfair to seriously injured workers and their families. Because of this, you should have your case reviewed to see if you have a third party work injury case.
A third-party work injury case is civil lawsuit where someone other than your employer is legally responsible for your injuries.
The First Step
When handling your work injury case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.
The Next Step
If you've been injured on the job, you probably have a ton of questions. I understand. You are concerned about your family and your livelihood. My suggestion is the next step you should take before anything else is to read my book, Win Your Injury Case. I wrote it to help folks like you, good people who got hurt on the job. You can order a free copy and I will cover the shipping too.