FAQ

What Is a SIBTF Claim And Am I Entitled To Additional Money From The State Of California after my Workers Compensation After My Case Settles?

The Subsequent Injuries Benefit Trust Fund is a fund that was created to provide additional benefits to injured workers who suffer a work injury and had a pre-existing, labor disabling injury or condition, prior to the work injury. If your overall level of disability is over 70% and your last work injury is over 35% [...]

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What if I am permanently unable to do the job I was doing when I was injured?

In a perfect world, you would get retraining to do another job. There is no more retraining benefit in California Workers Compensation. Vocational Rehabilitation was a retraining benefit until it got eliminated in 2003.

Now, if you are unable to do your the job you held when injured, you may be entitled to a “coupon” [...]

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Am I Entitled To A Supplemental Job Displacement Voucher And $5,000 Return To Work Fund Money And How Can I Use The Voucher?

If an injured worker is unable to return to the job they were doing when they suffered the work injury, they may be due a Supplemental Job Displacement Voucher (“Voucher”). Entitlement will depend upon the opinions of the primary treating physician or Midical Legal Evaluator, and if the employer offered the worker permanent modified work, [...]

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How do I ensure my mileage and out of pocket expenses are paid?

You are entitled to reimbursed for mileage and out of pocket expenses if it is related to treatment for accepted body parts. It is important that you keep very good records of every time you go to the doctor, pick up prescriptions or receive any other medical treatment. You are not reimbursed for mileage related [...]

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What is a Medicare Set Aside (MSA)?

There are special rules for when a MSA is required on a case, but it is always required when an injured worker decides to settle their right to future medical care while having a right to Medicare. The goal of an MSA is to protect Medicare (tax payers) from paying for medical treatment that was [...]

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What if there is no recovery?

If there is no recovery, there is no fee.

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Do I get to pay the fee at the end of the case?

Yes, except in the rare case where some part of the case results in an early settlement or award from a judge. All attorneys fees in workers’ compensation cases must be approved by a judge.

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How much do Workers Compensation attorneys charge?

Workers’ Compensation Attorneys usually charge 15% of the amount of the benefits you receive. This, except in very rare cases, does not include ongoing temporary disability and medical benefits paid voluntarily by the insurance company. In most cases, the fee on a Stipulation with Request for Award is 15% of the dollar value of the [...]

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How does a Workers Compensation case get settled?

There are two basic types of settlement: Stipulation with Request for Award; and Compromise and Release.

Stipulation with Request for Award is an open medical settlement. There is a “stipulation” or agreement about the percentage of permanent disability; the temporary disability paid; and that the insurance company will provide medical care for specific body parts [...]

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Should I settle my case with the Insurance Company?

You should not settle directly with the insurance company without consulting with a workers’ compensation attorney. Most workers’ compensation attorneys will be willing to review a proposed settlement without charge to make sure that it is fair. All settlements are also reviewed for adequacy by a judge. Before settling, you need to make sure that: [...]

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