workmans compensation?

deportes

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madjack
I work in california and hurt my shoulder working at a refinery, I will have surgery to repair the ac joint, how long will I get a paycheck? The doc says it will take 12 weeks to recover, thats a long time and I need money to pay for mortgage etc.

Any ideas???

Thanks
 

bsucards

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It varies based on the benefits package you have also I think.. You may end up with a short term disability/long term disability, it just varies by company and state law

Make sure all your paperwork has been filled out at work ASAP though
 

RAYMOND

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if you sign up with a attorney, he will get % of each check
only sign a attorney if they are fighting your calm!

attorney would take 30% :scared
 
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RAYMOND

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in pa you would get 66 and two third of your highest quarter in the last year
 

DBLMUTZ

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Correct,Get a worKmans comp lawyer QUICK!!

Myself,I was injuried on the job was sent to the companys doctor ,Who in turn stated to me that this type of injury could not have occured how i explained it on the job,i was farkin amazed,It was suggested to me to get a comp lawyer which i did,in turn he sent me to one of his doctors,I recieved 80% of my wages every week,for 4 months till i recovered from surgery,Was rated by comp lawyers doctor in the end recieved 24 grand the lawyer in my case got 15% of checks and settlement also in my case i went union for i felt that they were'nt to happy with our battle,nor me winning the war!!! Cover urself GL2U :)
 

Chopsticks

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I'm honestly surprised you don't know about your own worker's benefits. You should've signed up for that when you were first hired, along with your 401K, short/long term disability, health coverage, dental, etc...It should've been explained to you about all that stuff. You human resources representative for you company should be able to help you out with any of that over any of us. Usually, you should be covered on your disability whether that be short or long term. And that would be around 60% of your gross pay and would be non-taxed. It should use all of your vacation and sick time up before your disability kicks in. At my company, you're covered under your FMLA (Family Medical Leave Act) for 12 weeks in a rolling year. After all that is utilized, you are no longer protected and have a great chance of being terminated. But if you hurt yourself on the job and it goes under workman's comp., then that time would be unlimited and you would be protected no matter how long you're out. I would talk directly to my HR rep first and foremost. Personally, unless you're trying to get a fat settlement from your company and don't want to stay in it's good graces, then by all means get a lawyer. Just a warning that you will be marked for some sort of termination if you get lawyers involved with your company. That's just what I've seen time after time. Best of luck.
 

SixFive

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workers comp IS NOT short term disability nor long term disability. If your employer does not screw you, you shouldn't need a lawyer. If they do screw you (say it was pre-existing, etc.), you need a lawyer. You should get about 2/3rds of a regular check for the duration of your disability. If you feel you are getting the runaround or they aren't returning your calls or you don't have a case number yet, seek the advice of an attorney. Work comp attorneys are not the ones to screw you out of a lot of money.
 

taoist

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Chopsticks said:
Just a warning that you will be marked for some sort of termination if you get lawyers involved with your company. That's just what I've seen time after time. Best of luck.


...if that's the case and you can prove that you were fired for hiring an attorney, that company may have another lawsuit to worry about. (e.g Wrongful Discharge)


Once again, you need to see a worker's comp attorney in your area. You can take my advice or leave it, but if you're having surgery, this doesn't sound like a minor injury. If you start talking about "impairment ratings" and you don't understand what's going on, you may wish you had taken my advice. That's all I'm going to say about this matter.
 

Chopsticks

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taoist, I completely agree, but I've seen it all before. In my experience, I've seen people who have hired attorneys for such things and somewhere down the road was terminated for a technicallity in one way or another. That's all I'm saying. No company would be stupid enough to terminate your job for hiring a lawyer. But they will find something, legally, for your dismisal, especially if you've won some major bucks against them. And for you deportes, best of luck with what ever you do.
 

SixFive

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In Kentucky, your employer can fire you at any time for any reason they choose to give. Now, if it is deemed unwarranted, they'll have to pay you unemployment, but, they can still do it.
 

taoist

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SixFive said:
In Kentucky, your employer can fire you at any time for any reason they choose to give. Now, if it is deemed unwarranted, they'll have to pay you unemployment, but, they can still do it.


...while Tennessee and Kentucky (to the best of my recollection) are "employment at will" states, your above statement is not totally correct. While it is often said in these "employment at will" states, that you can be fired for good cause, bad cause or no cause whatsoever, companies are still prohibited from certain firings. (e.g. You cannot be fired based on sex, race, color, age, etc.)

While most companies will find something else to claim warrants your dismissal (e.g. They won't come out and tell you that you're being fired because you're a woman), they certainly cannot violate Federal Law by terminating you. This would also include companies that wrongfully dismiss you because you filed a worker's comp claim.... They may come up with another reason or no reason, but they can't fire you because you filed a worker's comp claim.... If they do, you definitely need to seek the advice of an attorney....

As for the paying of unemployment, that's an entirely different matter.... :)
 
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Wilson

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Actually I support the old "three tenets of law" theory..

Contributory Negligence.....if you were at least partially responsible for your accident that caused you injury...you only get partial compensation

Assumption of Risk (I like this best)...You go to work...you take the risk..if you get hurt..**** off.

I am in a hurry and can't remember the other law back in the the roaring twenties....good sound management...screw them if they get hurt...NEXT :)
 

DOGS THAT BARK

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FWIW I think your putting the horse before the cart. From your intial post I can't see that you even asked your company on what they will do.Maybe you will have no probs.
I have very good friend that is workmans comp attorney--semi retired--and there have been occasions during last 20 years when I had client that was insured call me concerning Workmans Comp (which I do not write) for adice. I would tell them to call Jeff(the attorney) and only very few times did Jeff advise them it would be in their best interest for him to take case. The key is finding an honest attorney to confide in (wouldn't look on cover of phone book) but maybe refferal from someone you know.
Maybe Taoist could steer you in right direction if you find you need one.
 

deportes

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madjack
thank you all for your comments, I will start by calling the HR dept to find out what short and long term benefits are provided to me, I am not sure what we have at this time because the company has changed hands 3 times since I hired on and everytime they manage to screw around with benefits.
 

backcracker

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deportes where in cali are you let me know and I can give you the name of a few good work comp attorneys. They all charge the same fees it is state mandated 25% all on contingency (can go up to 33% I believe if goes to trial) and your settlement is based on a few factors also depends on your disability rating at the end of your treatment and surgery, etc. . Let me know if you have any other questions I treat many injured workers and have been involved in this field for awhile. P.S. eddie try not to post any stupid comments about chiros etc don't want to get into another silly argument with you about this again... just trying to help deportes out.
 
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