I am not presently working due to my injury and I cannot afford to pay for an attorney. How can I retain your services?
The Law Offices of Daniel B. Ysabel works on a contingency fee basis. This means that if there is no recovery there is no fee.
How much do you charge for your services?
Attorneys’ fees in workers’ compensation are typically 15% of your recovery. All attorneys’ fees must be approved by the Workers’ Compensation Appeals Board judge.
If I cannot work due to my injury what am I supposed to do for money?
Temporary disability (TD) benefits are payments you receive should your injury prevent you from working.
How much will I receive in TD payments?
As a general rule, TD benefits are two thirds of your gross wages. Your wages are calculated by using all forms of income you receive from work including wages, food, lodging, tips, commission, overtime and bonuses.
How long am I entitled to receive TD payments? When do they stop?
Generally, TD benefits stop when you return to work or when the doctor releases you to work. If you were injured after April 19, 2004, your TD benefits cannot exceed 104 weeks within a period of 2 years from the first payment for most injuries. If you were injured after January 1, 2008, you TD benefits cannot exceed 104 weeks within a period of 5 years from the date of your injury. In some limited circumstances, TD payments can continue longer than 104 weeks up to 240 weeks. If you have any specific questions regarding your entitlement of TD benefits, contact us today.
What happens if my worker’s compensation doctor has released me back to work with restrictions but my employer says they cannot accommodate my restrictions? If my employer will not allow me to return work what am I supposed to do for money?
If your employer cannot offer you work with within the doctor’s restrictions, the worker is considered to be temporarily totally disabled. These disability benefits will continue until the employer offers you modified work or your temporary disability benefits have reached the 104-week cap.
What is Permanent disability?
Permanent disability (PD) is any lasting disability from your work injury or illness that affects your ability to earn a living. If your injury or illness results in PD you are entitled to PD benefits even if you are able to go back to work.
Can my employer fire me if I am out on disability due to my workers’ compensation claim?
Under California law it is illegal to terminate or to discriminate in any manner against an injured worker because of a work related injury. If an employer engages in such conduct, the employee may have their compensation increased by one half up to a maximum of 10,000.00 plus costs up to $250.00, reinstatement on the job and reimbursement for lost wages and work benefits. If you have been terminated or feel you are being discriminated against by your employer because you have injured yourself at work, please contact our office immediately.
I have been released by my doctors, how will my claim finally be resolved?
There are two mechanisms in which you can settle your claim: Compromise and Release (C&R) and Stipulation. Should you have any questions about which settlement options is best for you, contact our office today.
- A C&R is a settlement which usually permanently closes all aspects of a workers’ compensation claim except for vocational rehabilitations benefits including any provision for future medical care. The C&R is paid in one lump sum to you. It must be reviewed and approved by a Workers’ Compensation Judge. A C&R permanently releases the employer from all future responsibilities in your case.
- A Stipulation is a settlement whereby permanent disability payments are paid out at a weekly rate over time. Payment of permanent disability will be paid from months to years depending on the level of disability. A Stipulation leaves an injured worker’s right to medical treatment open based on the description of future medical treatment recommended by AME, PQME, or treating physician.
I have been released by the workers’ compensation doctor and he has imposed permanent work restrictions. However, my employer says I cannot return to my previous job? What do I do?
If an injury places a long-term or permanent limitation upon an injured worker such that the injured worker is unable to return to their previous employment you are entitled to supplemental job displacement benefit voucher. A SJDB voucher can help to pay for educational training or skill enhancement or both at eligible schools. The voucher can be used to pay for tuition, fees, books, tools or other expenses required for retraining. The amount of the voucher depends on your date of injury. If you have questions, please call our office today for a free consultation.