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 “bac-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 with 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 Turley Law Firm understands that you have questions about your rights and safety, and are probably concerned what might happen to you and your family if you are seriously injured and can not return to your work. We are committed to fighting to get you the justice you deserve, and maybe help you regain your peace of mind in the process. Contact The Turley Law Firm today to discuss your case with a California third-party work injury lawyer.