Types Of Workers Compensation Disability Benefits

Social Security Benefits Attorney

Workers’ compensation disability benefits are designed to assist employees that have been injured while at work. The time following a work-related injury can be extremely stressful for you and your family.

Lost wages, medical bills, and a painful recovery are all challenges that you could face. Fortunately, workers’ compensation exists to alleviate these challenges. Still, most people do not have a full understanding of the different compensation benefits that may be available to them following a workplace injury. 

The following article will highlight some of the common workers’ compensation benefits that you may qualify for.

Remember, a workers’ compensation attorney can assist you through the workers’ comp application process every step of the way. If you have any more questions or would like to speak with an experienced California workers compensation lawyer, be sure to contact Gold Country Workers Comp Center for help. 

There Are Two Types of Injuries:

California law recognizes two types of industrial injuries and provides the same Workers’ Compensation benefits for either type of injury.  One injury type is a specific injury, like I fell off a ladder or hurt my back lifting something heavy.  California law also recognizes injuries caused by repetitive or cumulative trauma to any bodily part or system, or due to cumulative longer term exposure to something that causes injury plus a need for medical care or medical need for time off of work.  Both injuries require action to avoid a problem with the statute of limitations which is the deadline by which time you must formally file paperwork or be forever barred from ever claiming compensation due to your work related injury.

Available Workers’ Compensation Disability Benefits

There are four main benefits available to employees who have been injured at work. Each benefit is designed to assist you through the process of recovering while you are unable to work. These four available benefits are:

  • Payment for medical treatment tied to the work-related injury, which includes mileage reimbursement or provided transportation to and from doctors’ office visits, the pharmacy, therapies and evaluations, including parking, bridge tolls, and even hotel and meals if necessary;
  • Weekly total or partial Temporary Disability checks;
  • Potential opportunities for vocational retraining and education; and
  • Compensation for permanent loss of function and/or scarring from injuries, better said as partial (or total) permanent disability checks 

Partial or Total “Temporary” Disability Benefits — Partial or Total “Permanent” Disability Benefits

For most employees who have been injured at work, there will come a time when they will return to work. Whether you continue working for your old employer or a new one, your Temporary disability benefits will cease once you return to work OR are deemed medically to have achieved “Maximum Medical Improvement” (MMI) OR receive 104 weeks of payments.  Do not refuse modified work unless the demands exceed the work restrictions your doctor imposes.

You may, however, qualify for partial disability benefits if the injury sustained at work prevents you from earning as much money as you were prior to the injury.  These TD or partial TD payments are calculated at 2/3 of your wage loss compared to average pre-injury weekly wages, with a legal maximum and minimum weekly payment.  Seasonal workers are not paid anything during their off season unless they can prove they would have worked off season absent the injury.

Once you achieve MMI status, Partial or Total Permanent Disability payments should be made.  These are checks paid weekly for a certain number of weeks.  The number of payments depends on the rating percentage a specialized evaluating doctor reports using the points as scheduled in the AMA Guidelines to the Evaluation of Permanent Impairment 5th Ed.  this is a 600 page book of charts, graphs, tables and text about how disability points are to be assigned.  Pain and suffering usually do not count for much.  The impact on your ability to work is not counted at all.  If you are rated at 70% or more, after payment of the PD payments, you will also receive a lesser weekly check for life.  If you are found to be 100% disabled because of the work injury, you will be paid or TD rate for life.

Benefits After Returning To Work

One of the most common questions employees have is whether they can return to work and still receive their workers’ compensation benefits. Although some benefits may be terminated after you return to work, there are others that you are still entitled to receive.  If you RTW making less than before, you still may receive all benefits.

This is because you do not need to be totally disabled to still need compensation for wage loss and you may require ongoing medical treatment. You may also have a permanent impairment that entitles you to workers’ compensation disability benefits. 

Following a Lump Sum Settlement

In some cases, injured employees may enter into a settlement agreement that is often referred to as a lump sum settlement or “Compromise and Release.”  If you enter into this type of settlement, you will no longer be entitled to receive any further disability benefits.

You would also not receive compensation for the permanent loss of function and scarring. Some settlements (depending on the language of the settlement) may allow you to have some of your medical treatment paid. 

Your medical treatment could still be paid by the workers’ compensation disability insurance company and you may even receive vocational retraining or education.

As mentioned above, a California workers’ compensation attorney can assist you and ensure that you receive the benefits you are entitled to. EARLY INTERVENTION WORKS!

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Workers Compensation Disability

FAQ and Answers from a Disability Attorney in Nevada City

Social Security Disability

Every day, thousands of people do an online search for a disability attorney near Nevada City, California. Most people are not fully aware of the intricacies involved in California disability laws. That is why many people search online to learn more about Social Security disability benefits and their rights as an employee. Below are some common questions disability attorneys are regularly asked along with their answers. Please visit our California Social Security Disability FAQ page for more detailed information.

My Social Social Security Disability Claim Was Denied. Now What?

The Social Security Administration (SSA) will routinely deny initial applications for social security disability benefits. Although it is not uncommon to be denied, you must respond quickly if this happens to you. Everyone has only 60 days from the date stamped on the SSA letter to file an appeal to their disability claim. Acting quickly after being denied could save your SSA disability claim.

What Do I Receive If My Disability Claim Is Approved?

Disability benefits can include a number of things. They could include individual monthly monetary benefits, Medicare (or for SSI claims, MediCal/Medicaid), family benefits, and more. When the Social Security Act was passed, a formula was agreed upon to calculate the individual benefits a person could receive which is usually more than early retirement pays. A disability attorney in Nevada City can give you a good idea of what you can expect depending on your circumstances. It is important to bear in mind that each case is different as are the benefits a person can/will receive.

How Can I Know If My Disability Qualifies For Disability Benefits?

The Social Security Act defines an eligible disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than twelve months or result in death.” The best way to determine if you qualify is by visiting a qualified physician or consulting with a licensed disability attorney.

If I Have Not Worked In Some Time Do I Still Qualify?

A person must have a specific amount of Social Security earnings or work credits in order to qualify for disability benefits. A good way to determine this is by counting how many years in the last decade you have worked. If you answered five years or more then you have most likely accumulated enough of these work credits to qualify. A qualified disability attorney can calculate if you have enough to qualify for disability benefits.

Can I Apply On My Own?

Everyone is able to apply for their own Social Security benefits and represent themselves through all legal proceedings. Although you are able to apply on your own, most disability benefits experts will agree that hiring a disability lawyer is highly recommended. In fact, people that hire a disability attorney in Nevada City are much more likely to win their disability claims than those who do it on their own.

I Was Denied Last Year. Can I Still Appeal?

There is no limit to the number of times a person is able to apply for disability benefits and you may qualify even if you were previously denied. This is especially true if your medical condition has become worse since you were last denied. It is recommended that you should hire a disability attorney to assist you in appealing your case or filing a new disability claim.

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Disability Attorney Nevada City

Tips to Find a Disability Attorney in Truckee

SSI for Sacramento; Applying for SSI

Filing Social Security disability claims can be stressful and difficult to do without a thorough understanding of the process. However, getting your claim approved is possible and a disability attorney in Truckee can help you along the way.

Experienced Social Security disability lawyers are specialized and well-equipped to represent your needs at every step of the process. Working with a Truckee disability lawyer will increase your chances of gaining the benefits you deserve due to their experience with crafting claims in such a way that your chances of approval are increased exponentially.

In the event your claim has been denied, the same disability lawyer can begin the appeal process and reconfigure the claim argument in a more favorable manner. But to gain a smooth experience when dealing with a disability claim, it’s important to know how to choose the best disability attorney for adequate representation.

Tips to Find a Disability Lawyer

#1. First, make sure to work with a disability lawyer that knows Social Security in and out. Disability law is a legal specialty and only a lawyer who is familiar with the complexity of the field will understand the nuances necessary to represent your rights successfully.  Be sure to find a disability attorney in Truckee who has handled multiple disability cases with success to ensure your best interests will be fought for.

#2. It’s recommended to retain representation from a disability lawyer who is locally based. Local disability lawyers will generally be more adept at navigating the various factors involved in your case. In addition, a Truckee disability attorney will also be more familiar with your local treating doctors, with the judges at the hearing offices and will, if necessary, be able to recommend medical and vocational experts to work with in order to increase your case’s chances.

#3. Consider what sort of help you will need from your disability lawyer. Apart from closely working with you to prepare the claim application and complete it, your lawyer should also be able to represent and accompany you to hearings and interviews, obtain information needed for the case, and diligently follow up the specifics of the Social Security Administration of the case. You should also feel confident that you will remain updated on any progress.

#4. Understand how your disability lawyer manages any legal fees. Disability lawyers are usually paid on a contingency fee basis. In other words, you will only be required to pay if the case is successful and even then, will usually receive their fee from back due benefits payable to you.  Many attorneys reserve the right to have their clients pay small amounts for copying medical documents, too.  However, not all work with this kind of structure and there could be other fees that you need to be aware of, like travel expenses and medical billings for the preparation of special reports. Find out what fees will be charged and ensure that they are approved.

#5. Check the profile and experience of the disability lawyer you are considering. Evaluate if the lawyer has handled disability cases similar to yours recently. You should feel confident that the attorney is up-to-date on the law and has a high level of success with representing the rights of previous clients.

Consult a Disability Attorney in Truckee

Disability lawyers can be very helpful, especially with the other stressful issues experienced after suffering a disability. Fortunately, Gold Country Workers Comp Center is available to help. Our local disability lawyer will help you overcome any challenges your claim might face and can represent your rights throughout each step of the process. EARLY INTERVENTION WORKS! Schedule a free case consultation and get started on the path towards a successful resolution.

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Disability Attorney Truckee

Interview Questions to Ask Social Security Disability Lawyer Sacramento

Workers Compensation Attorney

Finding the right Social Security Disability attorney to help you secure the benefits you need to live reasonably comfortably is an important decision. Social Security Disability benefits are available to people living with a physical, mental, or combined condition. However, the process of securing the Social Security Disability benefits you are entitled to is not a simple one. Instead of struggling through the complex process yourself, letting a Social Security Disability lawyer Sacramento help can make a significant difference.

The duties of Social Security Disability attorneys are entirely aimed at serving your case in order to maximize the outcome of different benefits and programs available to you. Because the benefits you deserve affect your very livelihood, you should be entirely confident in the representation you choose to work with. To reduce your options, ask these questions of the Social Security Disability lawyer Sacramento you are considering.

Interview Questions to Ask Disability Attorneys

Will you be the one handling my disability case?

This question is an important one that will quickly help you determine if the disability attorney you are considering is a good fit. Many disability attorneys and law firms will have case managers handling important functions involved in your case. The problem with this is the disability attorney might not be as attentive to your case as you deserve. Before hiring a Social Security Disability lawyer, make sure you feel confident that they are committing their time and effort to your case. You should know the Social Security Disability lawyer Sacramento you hire is involved in every aspect and thoroughly preparing to ensure a positive outcome.

What is your communication policy?

Disability cases vary. Every case is unique and requires different levels of communication at different times. A disability case also generally take months of time and involves various processes. Ask the disability attorney what their communication policy is throughout the case. Will they update you regularly? Will you be able to meet with them or call them over this time? A Social Security Disability lawyer Sacramento will require ongoing information regarding medical treatment and should present you with a clear plan for what their communication policy will be to prepare and update your case in the time leading up to your hearing.

How often do you handle Social Security Disability cases?

Your disability attorney should regularly handle Social Security Disability cases and be up to date on disability law. There are various legal specialties and law changes that require extensive knowledge to navigate successfully. Many disability cases require a thorough understanding of the procedural and technical aspects that are unique to this area of the law in order to competently represent your best interests. Without the experience, subtleties could be overlooked, ultimately denying you of important benefits and programs available to you.

Consult a Social Security Disability Lawyer Near Sacramento

If you are searching for a Social Security Disability lawyer Sacramento, consider Gold Country Workers Comp Center. We make it our duty to secure the maximum amount of benefits that our clients are legally entitled to. Located in nearby Nevada City, we represent the interests of clients from the greater Sacramento area with equal compassion and professionalism. We provide free initial consultations and will be happy to answer these questions and more. Remember, EARLY INTERVENTION WORKS!

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Social Security Disability Lawyer Sacramento

 

 

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