I don’t understand your question. You might want to reach out to the information and assistance officer at your local Workers’ Compensation Appeals Board.
They stoped sending me my checks because they said I didn’t schedule surgery that was on 11/15/23 my actual appointment date to schedule said surgery was on 12/8/23 which they knew they get all the paperwork it was just a lame tactic and they never sent a notice to me not my lawyer so now I haven’t been paid in over 36 days. Which is crazy. Because of Xmas. And other things. On top of me doing everything they asked how can I schedule a surgery before I see said doctor on top of that the adjusters on other side would never answer till my lawyer went over his head. Now my surgery next month but I still have no paychecks.
@@LilD1988 Some penalties are self-imposed, and other penalties must go to trial first. Both are generally one-time payments. As to temporary disability, that is generally paid for up to two years. As to any benefits in your case, or penalties, you would have to ask your attorney as he or she knows your case best. I can only answer how the system works in general.
Hi Mr. Lusk! Happy New Years to you. I have been off work for 16 months and my PCP released me as MMI with permanent restrictions. But my company can not accommodate with that restrictions. Insurance will continue send me a TTD check? Or they will stop?
Generally when a PTP finds the injured worker is P&S, then TD will stop as no doctors are certifying temporary disability status. It is now permanent and stationary status. So even if the employer cannot accommodate the restrictions, usually workers' comp insurance will stop TD and start PDA's assuming there is a reasonable expectation of PD.
Thank you Mr. Lusk . If you don’t mind, like to ask couple more questions. Then my case, can I apply state disability now? And am I done with this company? And finally I it good time to think settle my case? I
My understanding is that injured workers can apply for EDD at any time. What benefits (if any) are paid will depend on the medical reporting and what benefits are being paid by the workers' comp carrier. As to your employment status, I cannot say. As to when it's best to settle your case, again I cannot say. I cannot offer any advice. I can only answer questions as to how the system works in general. Again I'd recommend reaching out to a local attorney or the I&A Officer. Best of luck to you.
By the way , I’ve already seen qme and mmi with 10% rating on my lower back . There has been 3 meetings already with my lawyer and the insurance company’s for settlement.
@@camacho2939 You'd have to ask your attorney, as he or she will know your case best. However, the $580 checks every two weeks are usually permanent disability advances. If there was a check for $50 instead of the $580, then that probably means your permanent disability advances have ended, and the $50 was the final check. There should now be a PD notice from the adjuster explaining why they stopped PDA's. That's what often happens. But again, your attorney would know best.
Hello Mr. Lusk, Happy New Year’s I was wondering one’s PD advances stop’s will Edd send me the difference or the $580 i was getting from ins? Insurance send me a letter of payment termination, but now im waiting to see QME.
I suspect that if the insurance adjuster stops PDA's, and you are still off work, then you can apply for either disability or unemployment. It will depend on if you are unable to work due to the injury or if you are able to work but unable to find any jobs. Then the EDD, assuming benefits are available, may pick up benefits. But I wouldn't want to guess at what rate they may pay.
@@myworkerscompguide Lusk i have another? Pls. Like i told you on my recent conversation, my PD Advances are done. So I’m still paying wk ins and it’s getting hard for me to keep paying because im not getting enough money in. So I emailed HR and told them I wanted to end my ins/403b so my ? Is if I haven’t closed out my case does that mean I basically quitting my job? Because HR said to me we should then end our work relationship if u want to stop paying for ins. But i still need to go see a QME. I hope u understand my question 😬.
@@esperanzaserrano2883 A workers' comp case can be settled with a C&R or with Stips, and the parties can enter into either whether the employee is still working at the company or not. However, most of the time the insurance company will only settle with Stips if the employee is still working at the company. I cannot say what you should do. I can only answer questions in general as to how the system works. You may want to reach out to the I&A Officer at your local WCAB, or talk to a local attorney for a consultation.
Im 21 I broke my c7 and 4 ribs from a ladder fall in November doc cleared my for light duty, insurance stopped paying asking for job search but I horrible and barely sleep how can they think I’ll be okay at work. Also it was a fiber glass ladder I was up to third story but it had a split a good 2 foot up the bottom leg, coworkers know and said boss threw it out next day, should I pursue something with that? (Employers an llc, not sure if I can)
Just remember that the goal of the insurance company is to get you back to work as soon as possible so they can stop paying benefits. Also, as to the broken ladder it might be the basis of a serious and willful petition. You want to make sure that you file that within one year of the date of injury.
If the adjuster stops paying benefits just because they feel like it, then they are subject to an automatic 10% self-imposed penalty, up to a 25% penalty for unreasonable delay, plus attorney fees, plus potential fines to the State of up to tens of thousands of dollars.
@@myworkerscompguide ok maybe but in nyc brooklyn no letter . My so called lawyer can’t react them. Also they are a big money company. Ever since this started u realize the deception every day.it’s like my side and thr side know and eat with one another.
@@landslidelie My videos are aimed at California workers' comp cases, as that's what I know. But it sounds like New York's system could be even worse than California's. Best of luck.
I had a work accident 8 months ago my lesson was on my head a pressure cooker fell from the top of a step due to the lesson I had surgery on my neck with a titanium metal in my neck I have two months since the surgery My doctor has just ordered me to do therapy. He has not yet discharged me to work. My job has been as a cook for 18 years. I am a week late with my checks. My left arm has lost strength, pain in the shoulders, back, and neck, and without notify my checks have been canceled I live in Las Vegas Nevada
@@ninetharriaza3878 My videos are aimed at the California workers' comp system, and I'm not familiar with Nevada's system. I would recommend reaching out to a local workers' compensation attorney for a consultation.
Employer and ins carrier alledge one failed to comport with the IME???
I don’t understand your question. You might want to reach out to the information and assistance officer at your local Workers’ Compensation Appeals Board.
They stoped sending me my checks because they said I didn’t schedule surgery that was on 11/15/23 my actual appointment date to schedule said surgery was on 12/8/23 which they knew they get all the paperwork it was just a lame tactic and they never sent a notice to me not my lawyer so now I haven’t been paid in over 36 days. Which is crazy. Because of Xmas. And other things. On top of me doing everything they asked how can I schedule a surgery before I see said doctor on top of that the adjusters on other side would never answer till my lawyer went over his head. Now my surgery next month but I still have no paychecks.
Workers' comp is a very frustrating system. Since you have an attorney, I can only recommend reaching out to him or her. Best of luck to you.
@@myworkerscompguide he on vacation I only want to know this once in the penalty phase do the company pay us long term or is short term?
@@LilD1988 Some penalties are self-imposed, and other penalties must go to trial first. Both are generally one-time payments. As to temporary disability, that is generally paid for up to two years. As to any benefits in your case, or penalties, you would have to ask your attorney as he or she knows your case best. I can only answer how the system works in general.
I am dealing with this now
Hi Mr. Lusk! Happy New Years to you. I have been off work for 16 months and my PCP released me as MMI with permanent restrictions. But my company can not accommodate with that restrictions. Insurance will continue send me a TTD check? Or they will stop?
Generally when a PTP finds the injured worker is P&S, then TD will stop as no doctors are certifying temporary disability status. It is now permanent and stationary status. So even if the employer cannot accommodate the restrictions, usually workers' comp insurance will stop TD and start PDA's assuming there is a reasonable expectation of PD.
Thank you Mr. Lusk . If you don’t mind, like to ask couple more questions. Then my case, can I apply state disability now? And am I done with this company? And finally I it good time to think settle my case?
I
My understanding is that injured workers can apply for EDD at any time. What benefits (if any) are paid will depend on the medical reporting and what benefits are being paid by the workers' comp carrier. As to your employment status, I cannot say. As to when it's best to settle your case, again I cannot say. I cannot offer any advice. I can only answer questions as to how the system works in general. Again I'd recommend reaching out to a local attorney or the I&A Officer. Best of luck to you.
Thank you Sir.
@@daveshim4114Happy to help try to explain this crazy system. Best of luck to you.
I’ve been getting the 580 bi weekly , recently I’ve received a $50 check and nothing else . Does that mean they’re ready to c&r?
By the way , I’ve already seen qme and mmi with 10% rating on my lower back . There has been 3 meetings already with my lawyer and the insurance company’s for settlement.
@@camacho2939 You'd have to ask your attorney, as he or she will know your case best. However, the $580 checks every two weeks are usually permanent disability advances. If there was a check for $50 instead of the $580, then that probably means your permanent disability advances have ended, and the $50 was the final check. There should now be a PD notice from the adjuster explaining why they stopped PDA's. That's what often happens. But again, your attorney would know best.
@@myworkerscompguide my attorney hasn’t answered me so I’ve been watching videos but you answered my question thank you !
@@myworkerscompguide my attorney hasn’t answered me so I’ve been watching videos but you answered my question thank you !
@@camacho2939 Happy to help inform. Best of luck.
Thank you!Mine stop because they advance a reasonable amount ok i understand.
That's a common scenario. Just frustrating many times because the checks stop, but the notice doesn't come until a few days later explaining.
Hello Mr. Lusk, Happy New Year’s
I was wondering one’s PD advances stop’s will Edd send me the difference or the $580 i was getting from ins? Insurance send me a letter of payment termination, but now im waiting to see QME.
I suspect that if the insurance adjuster stops PDA's, and you are still off work, then you can apply for either disability or unemployment. It will depend on if you are unable to work due to the injury or if you are able to work but unable to find any jobs. Then the EDD, assuming benefits are available, may pick up benefits. But I wouldn't want to guess at what rate they may pay.
Thank you I appreciate your response.
@@esperanzaserrano2883 Happy to help inform. Best of luck to you.
@@myworkerscompguide
Lusk i have another? Pls. Like i told you on my recent conversation, my PD Advances are done. So I’m still paying wk ins and it’s getting hard for me to keep paying because im not getting enough money in. So I emailed HR and told them I wanted to end my ins/403b so my ? Is if I haven’t closed out my case does that mean I basically quitting my job? Because HR said to me we should then end our work relationship if u want to stop paying for ins. But i still need to go see a QME. I hope u understand my question 😬.
@@esperanzaserrano2883 A workers' comp case can be settled with a C&R or with Stips, and the parties can enter into either whether the employee is still working at the company or not. However, most of the time the insurance company will only settle with Stips if the employee is still working at the company. I cannot say what you should do. I can only answer questions in general as to how the system works. You may want to reach out to the I&A Officer at your local WCAB, or talk to a local attorney for a consultation.
Im 21 I broke my c7 and 4 ribs from a ladder fall in November doc cleared my for light duty, insurance stopped paying asking for job search but I horrible and barely sleep how can they think I’ll be okay at work. Also it was a fiber glass ladder I was up to third story but it had a split a good 2 foot up the bottom leg, coworkers know and said boss threw it out next day, should I pursue something with that? (Employers an llc, not sure if I can)
Just remember that the goal of the insurance company is to get you back to work as soon as possible so they can stop paying benefits. Also, as to the broken ladder it might be the basis of a serious and willful petition. You want to make sure that you file that within one year of the date of injury.
They will stop paying whn they feel like it. WITHOUT notice. He’s lawyering 😏
If the adjuster stops paying benefits just because they feel like it, then they are subject to an automatic 10% self-imposed penalty, up to a 25% penalty for unreasonable delay, plus attorney fees, plus potential fines to the State of up to tens of thousands of dollars.
@@myworkerscompguide ok maybe but in nyc brooklyn no letter . My so called lawyer can’t react them. Also they are a big money company. Ever since this started u realize the deception every day.it’s like my side and thr side know and eat with one another.
@@landslidelie My videos are aimed at California workers' comp cases, as that's what I know. But it sounds like New York's system could be even worse than California's. Best of luck.
I had a work accident 8 months ago my lesson was on my head a pressure cooker fell from the top of a step due to the lesson I had surgery on my neck with a titanium metal in my neck I have two months since the surgery My doctor has just ordered me to do therapy. He has not yet discharged me to work. My job has been as a cook for 18 years. I am a week late with my checks. My left arm has lost strength, pain in the shoulders, back, and neck, and without notify my checks have been canceled I live in Las Vegas Nevada
@@ninetharriaza3878 My videos are aimed at the California workers' comp system, and I'm not familiar with Nevada's system. I would recommend reaching out to a local workers' compensation attorney for a consultation.
can someone verify how many checks i received from MEMIC in worker compensation
You would have to reach out to the adjuster directly to find out how many checks they sent to you.