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  1. #1
    Join Date
    Apr 2009
    Posts
    10

    Default What is a Wage Differential Settlement

    My workers compensation claim was made in the State of: ca
    I am almost thru navigating this hell hole called the workers comp system.I have received my rating and my attorney is going thru with the settlement negotiations. My question here is : Can someone explain to me what a wage differential settlement is and would i be entitled to one? I have worked with my company for 7 years and would also like to know would the company be responsible for paying me some type of retirement. Because i heard if you have worked for the company for 7 years you can retire and get pension. Sorry if post is too long and if anyone needs any details regarding my case feel free to ask.

    Thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Almost Thru with This

    There is no 'wage differential' payment in Calif.
    There is no 'retirement' benefits in Calif, UNLESS you are rated at 70% or above, in which you would be entitled to a ''life pension''.

    Awards/settlements are pre determined number of weeks indemnity payments for each 1% of the PD/WPI rating.
    Column 2--Number of weeks
    for which two-thirds of
    Column 1--Range average weekly earnings
    of percentage allowed for each 1 percent
    of permanent of permanent disability
    disability incurred: within percentage range:
    0.25-9.75 ...................... 3
    10-14.75 ....................... 4
    15-24.75 ....................... 5
    25-29.75 ....................... 6
    30-49.75 ....................... 7
    50-69.75 ....................... 8
    70-99.75 ....................... 16
    http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664
    Even though the code says 2/3's of your AWW, there are min/max PD rates and those are significantly lower than the TTD rate.

    If your ER provides for a retirement benefit, that would be an internal policy and not related to WC.

    Once you have the PD/WPI rating, and it's agreed upon by the parties, there isn't much to negotiate. The value of any future medical treatment, though that is a SWAG/Scientific Wild Ass Guess at best. If you need additional treatment, you should not be considering closing the medical in your claim.

    ANY money you do see allocated to medical in the settlement documents should be deposited in a seperate, interest bearing account and used only for treatment to your injury. When you become Medicare eligible, you will have to prove that money has been exhausted before Medicare will provide benefits.

    Once you are declared MMI, your ER is required to engage in the interactive process and make an attempt to bring you back to work. If there is no job available for you, you could be eligible for a increase/decrease of 15% to your PD award. If your ER has 50+ EE's.

    Your attorney should be detailing these issues for you. Hopefully prior to any settlement you may consider.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Almost Thru with This

    some states use wage differential e.g. the difference in wages before and after the injury to determine additional disability.
    california uses impairment ratings exclusively.
    workers comp has no control over a private employers retirement plans.

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