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  1. #1
    Join Date
    Mar 2011
    Posts
    2

    Default Should I Apply for Permanent Disability or Workmen's Compensation

    Hello, I am 57 yrs. old LVN nurse and I've been on disability since last Nov. of 2010. It's been 5 months now.
    My doctor recommended me that I should apply for permanent disability. Aside from my existing illness asthma, hypertension, diabetes and ortho arthritis, I had a total knee surgery last November of 2010. Since then I was not able to go back to work.
    I was told by some of my friends that I should apply for Workmen's compensation because the cause of my knee problem is job related for working 15 years with repetitive walking and standing for longer hours.

    As of now, I am receiving disability about 70% of my take home pay from the state of California.

    Questions:
    1.Should I go ahead file for workmen's comp.? Or just file for permanent disability
    2.If I'll file for workmen's, how much would be my benefits.
    3.If I'll file for permanent disability, how much would be my benefits.

    Can someone advise me of my situation of what the best thing to do? My concern is the amount of the monthly benefit because my bills does not change. Thanks.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Should I Apply for Permanent Disability or Workmen's Compensation

    I had a total knee surgery last November of 2010. Since then I was not able to go back to work.
    Are you claiming the knee injury/CT or Cumulative Trauma is due to your job...?

    You need medical evidence, the opinion of your Dr to support that claim.
    If that is the case...you'd have to think the Dr treating you would have indicated as much when you presented for treatment. The claim for WC should have been made at that time. It's difficult to go back months later and claim WC because of your inablity to return to work and look for disability benefits.

    There is nothing stopping you from filing a DWC-1, First Report of Injury. You give that to your employer, and they direct you to treatment facility. You must treat with the ER/IC Dr the first 30 days...after that, you can choose a Dr/PTP in the MPN/Medical Provider Network.
    As I said above...it's difficult to treat an injury to stability/MMI, treat with your own Dr, then go back and claim industrial causation.
    If you are successful in getting a claim accepted, you will be rated for PD/WPI... permenant disability. But as you are claiming CT to your knee... there will be other non industrial issues of causation that may contribute to "apportionment to cause" of any PD/Permenant Disability you may suffer. IE... you weren't at your job 24/7, you were walking, kneeling etc over the life of your career as well. A % of that will contribute to your PD. Your ER is only liable for the % due to your job.

    So...
    1) You should file for any/all disability benefits you may be eligible for. That includes WC, which would be limited to 104 weeks of TTD at 66% of your AWW/Average Weekly Wage. WC doesn't pay a life pension for injuries rated at less than 70% PD/WPI.
    Once the TTD runs out, if your Dr says disability continues...SDI/State Disability Ins benefits would pay an additional 52 weeks. (but you said you are already receiving SDI, so that is exhausted until you go back to work and create a new base period)

    You can apply for SSDI/Social Security Disabilty Ins benefits. Those benefits would be determined based on your specific contributions over your working lifetime.

    I would have to think based on the info you provide here... none of these are going to be sufficient to "live on" if you are thinking of taking an "early retirement". Unless you have other source of income you have been planning to use at your "normal retirement'' age.

  3. #3
    Join Date
    Mar 2011
    Posts
    2

    Default Re: Should I Apply for Permanent Disability or Workmen's Compensation

    Thank you very much for responding.
    Applying for permanent disability is what I thought. Does that mean permanent disability income is like an early retirement?
    I know my SDI will be exhausted in six months. If I'll apply now for permanent disability, do you have any rough idea how much would me my monthly benefit?
    I know it will take months for approval but when is the right time should I apply for permanent disability.
    One question, if I am approved for permanent disability, but since my income would not be sufficient to live, can I work part time?

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Should I Apply for Permanent Disability or Workmen's Compensation

    Your SSDI benefit is based on your SSA contribution over your working lifetime...no way to project that here. You can go to www.ssa.gov for more info, and you can register, get a password, and look at your own account.

    You should apply for SSDI as soon as you think you are "disabled" under SSA definition. If you can perform even sedentary work, you may not be approved.
    Go to this link...http://www.ssa.gov/disability/step4and5.htm#Q5_1 and move thourh the 5 step process used by SSA in determining if disability exists.

    Yes...you can work while receiving SSDI. If you have more wages that the max allowed as "gainful employment" your SSDI may be offset of stopped. Gainful employment is defined at wages of $1000/mo or more, for a period of 6 months I think. SSDI can start/stop if necessary. Medicare eligibilty begins 24 months after the DOE/Date Of Eligibility.

  5. #5
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    606

    Default Re: Should I Apply for Permanent Disability or Workmen's Compensation

    Apply now, rather then waiting for your SDI benefits to run out. Most times it takes quite a few months to get SSDI after applying for it. Sometimes you get denied at the first go round. You will then have to appeal to the next level. There are strict time restrictions so if you get denied, please do yourself a favor and get a SSDI attny. The second level is usually the longest, so it is best to have the attny and do exactly what he tells you to do.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,941

    Default Re: Should I Apply for Permanent Disability or Workmen's Compensation

    Quote Quoting Troving View Post
    I think you should just file for permanent disability.Your permanent disability gives you a lot of benefits like compensation, greater amount of money, less work etc.
    Not necessarily.
    And your "scottsdale" link is spam.

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