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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Question Change in Bi-Weekly Benefit Amount

    My workers compensation claim was made in the State of: California

    At the time of my injury, I was working for a staffing agency at the rate of $20.00 per hour. Up until last week, I received 2/3 of my pay rate as my weekly benefit amount.

    My claims specialist decided last week to lower my benefit amount, stating the change was due to the fact I was only employed with my company for 5 weeks when the injury occurred. She also said that I owe over $12,000 in back pay to Workers' Comp for the over payment.

    I am only a few weeks away from a permanent and stationary status. Up until recently the insurance company has accommodated all of my medical needs, but the last two weeks I have had several issues/problems with them. To top it all off, I was let go from my temp to permanent job the day after I was hurt, so now I have no job to return to.

    Is this a normal practice, or am I being taken advantage of? I do not have an attorney, but feel it may be necessary now.

    If any one can help answer this question, I would truly appreciate your help.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Change in Bi-Weekly Benefit Amount

    At the time of my injury, I was working for a staffing agency at the rate of $20.00 per hour. Up until last week, I received 2/3 of my pay rate as my weekly benefit amount.

    My claims specialist decided last week to lower my benefit amount, stating the change was due to the fact I was only employed with my company for 5 weeks when the injury occurred. She also said that I owe over $12,000 in back pay to Workers' Comp for the over payment.
    TTD is based on 2/3's of your AWW...Average Weekly Wage...which may not necessarily be your wage at the time of your injury. The ER supplies a wage statement to the IC. If you were at this job for a short period of thim, then your wages from previous ER's could be taken into account...a 52 week average of those wages could be the reason for a change.

    A overpayment of TTD would have to be taken from your PD indemnity..IF you have any. If there isn't enough money in a settlement you most likely won't be compelled to reimburse for the extra TTD you received.
    To top it all off, I was let go from my temp to permanent job the day after I was hurt, so now I have no job to return to.
    The temp agency is the ER in your case...not the temp job you were working.
    So, it would be the agency holding the liability for a job offer...but as agency's are an 'on call' business there isn't necessarily a requirement they provide a job for you once you are determined MMI.

    To be in a position to bring an action, you'll have to prove you were not offered positions due to your injury, or a 'perceived disability',,temp agencies are a strange dog unto themselves...
    Loki may have additional input here...

    Is this a normal practice, or am I being taken advantage of?
    Your question has a double edge...
    Common...?, yes it would be common/standard practice to determine what TTD rate you are entitled to based on your AWW...
    Being taken advantage of...?, No, you are entitled to TTD based on your AWW...like all IW's. Your AWW must support the rate you are paid..if it doesn't, as in your case...there could be cause for an overpayment of TTD. As you are experiencing not.

    It wouldn't hurt to consult with a few attorney's...at the least you would know where your claim stands, and what benefits you are entitled to...under the law.

    Read more about Disability Payments here..http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664

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