If you are unable to work due to a workplace injury or work-related illness, you may know that you are entitled to receive disability benefits to ease the impact of the medical expenses you are sure to be incurring, alongside your loss of earnings. Mounting medical bills can make quite a dent in a household’s finances, even occurring at the exact same time as you have taken a drop in income. However, while you may indeed be entitled to these disability benefits, they are frequently denied, delayed, or miscalculated, potentially resulting in financial hardship for you and your loved ones.
Should you find yourself in a similar situation, the good news is that a Palmdale disability benefits attorney from Koszdin, Fields & Sherry has the skills and expertise required to appeal the decision and recover the full extent of benefits you deserve.
How You Are Covered By Disability Insurance
In the state of California, all employees are covered by disability insurance. They have coverage simply by paying premiums through payroll taxes. Those individuals who are self-employed also qualify in paying for elective insurance coverage too. Premiums are based on self-employed profits from the previous year. You will find that most employees in California are protected by disability insurance through the employer. However, there are still some groups that are not protected. These people are covered by a separate version of disability insurance. All railroad workers, particularly nonprofit and domestic workers as well as government officials and employees fall into this special category.
What Type of Disability Benefits Could I Be Entitled To?
An experienced attorney from our firm is an excellent choice when you are seeking legal representation relating to a disability benefits claim. Each of our lawyers is well-versed in this area of the law, focusing solely on workplace injuries and workers compensation benefits cases. The various types of disability benefits we could assist you in securing include:
Temporary Disability (TD) — If the injury keeps you off the job for more than three days, you may be eligible for temporary disability. These benefits are equal to two-thirds of your average weekly wage with a maximum amount depending on the year of your injury. In general, TD benefits will continue until you return to work, your primary treating physician clears you to work, or you reach the maximum of 104 weeks, whichever comes soonest.
Permanent Disability (PD) — If a lasting injury affects your ability to earn a living, you may be eligible for permanent disability. You can collect PD benefits even if you return to work. Permanent disability benefits are based on your impairment rating, expressed as a percentage. If there is a disagreement over your impairment rating or the treatment you require, your claim may be evaluated by a qualified medical evaluator (QME) or an agreed medical evaluator (AME). Our attorneys can prepare the request for reconsideration of the summary rating and argue your case before the Workers’ Compensation Appeals Board. You can rest assured that we will work tirelessly to recover a positive outcome on your behalf.
Disability Settlements — Once any dispute over the disability rating you should receive is resolved, you may opt for a lump-sum settlement of the claim, subject to approval by a workers’ compensation judge. You might settle the entire claim (compromise and release) or settle the disability claim but retain the right to future medical care (stipulation with a request for an award). Our attorneys can help you decide what is in your best interests and, as such, the best option for you.
How Long is The Benefit Period?
The length of the benefit period is determined by a medical professional. He or she will explain the length of time the individual will be disabled. In certain special instances, some medical professionals will extend the time a person receives disability benefits to the maximum length of time, of course, permitted by law. This averages out to about 52 weeks.
In the event the injured employee does return to work on a part-time basis or inherits another source of income, sometimes the benefit period can last longer than 52 weeks. Attorneys see situations where an individual remains disabled even at the end of their benefit period. When this happens, the person becomes eligible for long-term disability insurance.
Is Short Term Disability Mandatory?
Within the state of California, all employees are required to contribute payments to the short-term disability program. This happens through payroll deductions. If at any point, an employee determines that they are unable to continue working because of a covered disability, then can then collect weekly benefits through the program. This can last up until they have recovered. Once this occurs, they just continue to pay for benefits normally through payroll deductions.
Are Benefit Reductions Possible?
Positively, yes. However, the number of benefits a person receives can be reduced for a variety of reasons. Considerations like part-time work, military pay, bonuses, and worker’s compensation payments along with holiday pay and any other type of income could potentially apply to anyone’s situation.
Another question our attorneys are asked quite often relates to work schedules being reduced or those who only work part-time. Workplace injury victims want to know if they can still file a claim even if they are limited to a certain number of hours. If you answer yes to experiencing a loss of wages due to your disability, then you can file a benefits claim.
As a part-time employee you can also still apply for benefits if of course, you are making a minimum of $300 in gross wages. You must also meet other criteria for disability insurance.
Lastly, just because you are receiving disability insurance benefits, victims can still collect vacation or sick pay that is already accumulated through the employer. Benefits do not interfere with each other. The Palmdale Disability Benefits attorneys are here to ease the legal process. They are ready to take on any challenge.
Schedule Your Free Initial Consultation with a Palmdale Disability Benefits Attorney Today
Your claim for disability benefits, or appeal of a previous decision, could be significantly less stressful when your hire an expert attorney to handle it. To schedule your free initial consultation with our expert lawyers, call us today on 800-747-3447.
