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I filed a WC claim on 9/7 for a work related injury and i was fired from my job a few weeks later . I have not received a penny from disability or w/c. Today I received a letter from California state disability insurance and i am not sure what the letter exactly means. does this mean WC accepted my claim? YOUR CLAIM FOR DISABILITY INSURANCE HAS BEEN DISALLOWED FROM 10/11/11 THROUGH WHEN ELIGIBLE BECAUSE: YOU HAVE RECEIVED Baker City ARE ENTITLED TO RECEIVE CASH PAYMENTS, Baker City TEMPORARY DISABILITY INDEMNITY UNDER WORKERS' COMPENSATION LAW Baker City EMPLOYER'S LIABILITY LAW, EQUAL TO Baker City Baker City EXCESS OF YOUR DISABILITY BENEFITS. SECTION 2629 OF THE CALIFORNIA UNEMPLOYMENT INSURANCE CODE If this means that WC accepted my claim when should i expect to receive payment? thank you
I have an attorney. I went back to work on light duty on 9/27 and was fired. My WC doctor didn't write me off until 10/11. I have not been in contact with WC since my attorney told me that they would deal with all of that. My brother in law is going through the same situation except he was not fired and he never received a letter like this, Disability accepted his claim while after 90 days WC denied it.
If a worker is hurt at work, has an accumulative medical condition due to occupation, or an existing work related medical condition that has become aggravated the worker can file an DI claim, but usually cannot receive both WC and DI benefits for the same period of time except in limited situations. For example, DI benefits may be paid if the employer or employer’s WC insurance carrier denies or delays WC benefits. If the worker’s WC weekly benefit amount is less than the worker’s DI weekly benefit amount, the worker may be eligible to receive the difference. If DI does issue benefits while a WC case is pending, a lien will be filed to recover those benefits when the WC case is settled. so SDI will pay if WC delays or denies benefits.
Here is the explanation of section 2629 (a) Except as provided in this section, an individual is not eligible for disability benefits under this part for any day of unemployment and disability for which he or she has received, or is entitled to receive, "other benefits" in the form of cash payments. (b) "Other benefits," as used in this section and Section 2629.1, means any of the following: (1) Temporary disability indemnity under a workers' compensation law of this state or of any other state or of the federal government. (2) Temporary disability benefits under any employer's liability law of this state or of any other state or of the federal government. (3) Permanent disability benefits for the same injury or illness under the workers' compensation law of this state, any other state, or the federal government. (c) If these "other benefits" are less than the amount an individual would otherwise receive as disability benefits under this part, he or she shall be entitle
Nothing in Section 2629 shall be construed to authorize the delay of payment of unemployment compensation disability benefits except where the claimant is currently in receipt of other benefits or where the department has received notice that the claimant's employer or insurer has agreed to commence the payment of other benefits. (b) Notwithstanding Section 2701.5, payments shall commence within 14 days after notice to the employer or insurer under this section unless the employer or insurer has either paid or has agreed to commence the payment of other benefits. (c) Upon the filing of a claim for unemployment compensation disability benefits, the department shall make an initial determination as to the claimant's entitlement to other benefits for purposes of Section 2629. (1) The department shall notify the claimant and the claimant's employer if it determines that the claimant is entitled to other benefits. (2) The notice to the claimant shall inform the claimant that dis
It is saying you are entitled to receive WC benefits. California State Disability does not approve or disapprove WC benefits. You need to contact the workers compensation carrier to find out why you have "not received a penny". Seems there would be more to this story. Have you received any communications from the WC carrier? Was a WC claim filed by your employer? Any telephone conversation with the insurance adjuster? Written communications from the carrier?
First, it does NOT mean that your WC claim was accepted. It means that the state agrees, this SHOULD be a workers comp claim. There are two main reasons why your injury could STILL legally be denied for workers comp coverage: 1. If your employer doesn't HAVE current coverage - ie, if they let the policy lapse or 2. If you were under the influence of drugs or alcohol at the time of the injury (some states, I'm not sure about CA) So all that letter really says, is that state disability flat out doesn't apply. What you need to do, is hire a workers comp lawyer. You're talking almost two months after the injury - if the claim hasn't been accepted by now, without further action on your part, it's not GOING to be, unless you get a lawyer involved. You probably want to get a lawyer involved anyway, as that firing was probably illegal.
It means you have to file a Workers Comp claim with your previous employer. That is why you are not covered by the state disability insurance. You cannot have both at the same time.
The letter means does not mean that you were already approved for worker's comp. It means that your injury was one that qualifies for worker's comp, so either (a) you are going to be approved for worker's comp, in the future, but they do not know when, or (b) you have been approved, or (c) you could have been approved for worker's comp already, if you and your attorney did everything correctly, but either you or your attorney did not do everything correctly, so you get no benefits. You only get disability benefits if you cannot get worker's comp. If you can get worker's comp by contacting worker's comp, but you decide not to contact worker's comp, so you do not get worker's comp because of lack of contact, then you do not get disability benefits instead.
Same thing happened to me but i do have a lawyer what should i do next?