Three may have told you - but, it is not true.
UNLESS - that's the rub:
First - they are guided by Federal law - California law cannot usurp Federal Law.
Second - the only way that your employer can get your settlement, is if they are going to pay you every single week the equivalent of that amount.
If a court finds in your favor, an employer (or a California law) cannot change that. Like I said, there are exceptions - so, I am assuming that you are planning on getting weekly checks for the rest of the time.
California also has the option of giving you State Disability while it is in court. THAT, has to be paid back when you get a settlement.
Employees who have been injured on the job in the State of California are frequently confused by the vast array of laws and procedures involved in:
(1.) Determining whether or not they have a "case" and
(2.) How to pursue a claim for workers' compensation benefits.
The information contained in this article is intended to be a general summary of the various benefits that MAY BE available to an injured worker pursuant to the workers' compensation laws in the State of California.
While each case is different, the following is an outline of how a case normally proceeds through the system. In general, there is a big difference between a "denied" case and an "admitted" case. The outline below deals primarily with cases where the insurance company has admitted that an injury has occurred. However, there may be disputes regarding other important issues such as the nature and extent of the injury, the need for medical treatment and the need for vocational rehabilitation. When the insurance company "denies" that an injury occurred, many of the issues will have to be litigated or the injured worker will have to agree to take something less then the maximum allowable benefits that the law provides.
Temporary disability is paid at a weekly rate during the time the doctor says the injured worker is unable to work due to the injury and there is still a chance of improving the condition with medical treatment. The compensation rate is two-thirds (66%) of the employees gross earnings, up to the maximum amounts set by law. The current maximum rate is $490.00 per week(if the injury occurred on or after 1/1/96). Depending on the date of injury, there is a short waiting period for your first check. It usually takes about 2 weeks before the first payment is made.
If for some reason the insurance company will not pay temporary disability, it is often possible to receive disability payments from the Employment Development Department. These are called SDI (State Disability Insurance) benefits. An injured worker cannot receive benefits from both the workers' compensation carrier and from the Employment Development Department.
1. COURTS AND LAWSUITS
The Workers' Compensation Appeals Board is the trial court for all industrial injuries involving your employer. This is an administrative law proceeding. There are no juries. A workers' compensation judge makes all of the decisions if the case goes to trial. If you are injured as a result of the fault of someone who is not employed by your employer, you may be able to sue that person in Civil Court, in addition to your action against your employer.
2. ATTORNEYS' FEES
Attorneys' fees are set by the Workers' Compensation Appeals Board and are usually 12% to 15% of your award or settlement. Attorneys are also entitled to a similar fee for assisting in arranging the rehabilitation program. When there is no recovery on a case, there is no attorneys' fee.
I've skipped a whole bunch, but, this is directly from the State. Let me tell you a little secret - many attorney's don't like to take cases unless its hundreds of thousands of dollars.
Being in the health industry - I've been to WAY more than my share with patients. Partially disabled, totally disabled, temporarily disabled - the whole bit.
If you were hurt, truly hurt - do what it takes to make a REAL claim - because, if nothing else, medical bills can KILL you, because insurance (private) will not pay for one single dime of WC injuries, and if you DO get a regular insurance company to pay - and they find out - you are going to jail for fraud.
Beth