I need info on DISABILITY thru WORKERS COMP. Anyone??

Discussion in 'Fibromyalgia Main Forum' started by BethM, Oct 15, 2006.

  1. BethM

    BethM New Member

    I need to find a workers comp doctor, as I need to have my hands re-checked. I have an ongoing w/c case.

    I am considering requesting partial disability, but the whole idea scares me. It seems so permanent, and admits I have a disability. (ya think?? sigh)

    I think disability for the problems with my hands might be more realistic to achieve than disability for my fibro related problems.

    However, the two problems aggravate each other.

    I have discovered recently that I really cannot work full time, as a busy 6 hour shift exhausts me, and wears out my hands, too. I can only imagine what an 8 hour shift would do to me.

    So. My questions:

    --- Does anyone here have experience with disability through workers comp?

    --- How does it work? I still want to work, certainly can work part time. How do they determine how much payment I would get, and how much I am allowed to work?

    I don't want to be limited except by my own physical needs, but still need to be able to pay my bills.

    Thanks in advance, if anyone has any answers or discussion for me.


  2. rockgor

    rockgor Well-Known Member

    I retired from the Worker's Comp field a year ago, and already there have been changes in the law. Both procedurally and substantively.

    Or to put it another way, I don't know too much about it anymore.

    What do you mean you have an ongoing case? Do you have a treating doctor? Do you have an attorney? Have you filed an Application for Benefits w/ the court?

    Yes, people receive awards for partial disability and continue to work, sometimes at a different type of work, but a detailed explanation would be too long and complicated.

    I suggest you talk to your attorney. If you don't have one and want suggestions for finding one, let me know.

  3. BethM

    BethM New Member

    Hi, thank you for your reply.

    I have had several w/c doctors during the past few years, but do not have one at present, as I moved from southern to northern CA in June.

    I am considered 'permanent and stationary', only need to see a doctor as needed. And at the moment, I've begun a search for one locally.

    My case is open insofar as I have not requested it to be closed and finished. I have ongoing problems with my hands.

    I believe w/c laws vary state to state. Are you in California?

    I hadn't thought about getting an attorney, maybe it's time for that, too.

    I have a disability rating of some sort, a percentage, but have no clue what that means or how it benefits or hinders me. Do you?

    How does one find an honest w/c lawyer? I've seen ads, but don't trust ads, just on general principle.

    I also don't want to open a 'can of worms' that will spiral out of control, by starting this process. I don't want outcomes that I don't like, and I don't want people telling me what I can and cannot do, unless I agree with them.

    Gosh, opinionated and demanding, aren't I??

  4. rockgor

    rockgor Well-Known Member

    I'm in CA. (See my profile.)

    I think you should get an atty. Did you have one before? If your did, perhaps your former atty can recommend an new local atty for you.

    Of you could look at the yellow pages. Find an atty who is certified by the State Bar as a W/C specialist. Or call the local bar association and get a referral. Or go to the W/C court and chat w/ people who have claims. See what attys they recommend.

    Has your condition deteriorated? If you got an award previously, see an atty immediately to see if the case can be reopened. Find out if the time in which to reopen has expired?

    Despite people who claim to be psychics, I doubt that anyone can predict the future. An atty can tell you what generally happens. He/she can't guarantee the outcome will make you happy. But then, who can?
  5. BethM

    BethM New Member

    Weeellllll, the only thing that would make me happy physically would be a magic spell to *poof* give me a healthy, strong body!

    Since that is unlikely, I am willing to compromise.

    Thanks for the advice, I appreciate it.

  6. 69mach1

    69mach1 New Member

    like rockgor says the laws have changed, get an attorney...

    remember they do not get paid unless you get a settlement...

    used to be maximum of 12% of your settlement...

    it is so much easier to use an experienced attorney....

    let them do the worrying for youe..

    arnold swartzenagger came in and changes the laws....

    you can google ca w/c laws..but just get attorney..


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