HELPPPPPPPPPP? about state disability....

Discussion in 'Chit Chat' started by doxygirl, Sep 27, 2007.

  1. doxygirl

    doxygirl New Member

    My story is a very long one and most of you have heard it already so I will spare you hearing it again.....and get right to the point......

    I have been off of work for about 8 months now.....due to illness that "WAS" work related..........

    .... since the Dr I was seeing( for the work related injury ) basically lied and said that my problems were all due to dd......I no longer have my job or my pay ( for 8 months ).

    I never filed for state disability ( the temp one) because the lady from SS told me if my illness "WAS" work related I would be disqualified...... and since my illness WAS work related.......there was NO point in wasting their time as well as mine!

    However................. since the Dr I went to for the work related injury fails to tell the truth and blames it on dd....can I still file for state disability ( now remember this is the disability that you can get for up to one year only it is NOT permanant!

    My question,... I guess is ,....since I have not worked for 8 months and my Dr wants to put me on disability because he feels I cannot work I still eligible to collect? ....My Dr seems to think this is a piece of cake and will not be a problem at all.......

    I have already tried figuring it out on the state disability website, but right now it is too confusing for my fibrofog mind to figure out........ so if you can help me with this question I would be so grateful!

    Thank you so much!

    [This Message was Edited on 09/27/2007]
  2. rockgor

    rockgor Well-Known Member

    Hard to tell what's going on here. Consult a Worker's Comp atty. The state has a fund to pay people who worked for an uninsured employer.

    Good luck.

  3. doxygirl

    doxygirl New Member

    How ya doing buddy? ;)

    Believe me you do not want to open that can of worms!!!!!!!!

    I did get an attorney!!!!!!!!!!!!!!and the attorney screwed me over...he sent me to a quack that did not want to treat me or get honest answers as to how much three years of being exposed to toxic mold has effected me!

    My first day with this Dr he flat out told me that since my boss had no workers comp there was not going to be anything he could do to help me "because there was no money" and I quote!!!!!!!!!!!!!The only test he ran was a pft and that came back good so that was the end of my treatement or care!

    My lawyer is going along with this crap too! I feel like I was a victim of not only a negligent boss but lawyer and DR too!

    Iam fairly certain that a lot of problems Iam having such as ashthma ( never had pre mold workplace)are a direct and permanant injury from the mold spores .... but I do not have the energy or the health to put myself through any more nonsense!

    I was injured on the job PERIOD and they got away with it because she had no workers comp......moral of the story do not pay for workers comp ins for your employees if they get hurt it will take months for them to get to a Dr and by then you cannot prove anything!

    Iam so angry I could spit.............;(

    Iam going to try to file for State disability!

    Thanks for trying to help Rock......I really appreciate it!


    [This Message was Edited on 09/27/2007]
  4. 69mach1

    69mach1 New Member

    it is against the law for the employer to not carry worker's comp insurance...that is why i told you to file for sdi...and in the mean time you may collect 52 weeks of sdi...then they will go after the employer....

    it is a battle i have been there...crapy dentist! illegal as they can be.

    so you file you may have ruined some things by waiting so long in between filing for sdi...

    so you would collect sdi for 52 weeks, then you would pay back possibly to the ssdi...when you win your ssdi claim..

    but file irregardles and see what happens. i know they have a fund in san francisco for the uninsured employers is a hassle but do it... what will mostly likely happen is that if you file worker's comp the employers w/get pay you..

    so go for it...


    check out

  5. 69mach1

    69mach1 New Member

    used to be that an employer had 1 year to file a w/c in the mean time when the w/c ins. are arguing on paying you you deserved simply state that you filed a claim...don't worry they will get their money back if they can from your employeer...

    if you don't get any money on a w/c claim...then you won't have to pay anything back...

    just file you don't have anything to loose...

    worse case file for unemployment you can not work in that w/need only a dr. most...

    check out