Hurt during work - Can I still get disability?

This is a discussion on Hurt during work - Can I still get disability? within the Injury & Worker's Compensation forum, part of the ACCIDENTS, PERSONAL INJURY, INSURANCE category; Hi, i really need some help. I was working for a tree service and i threw rope to my boss ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Feb 1st, 2010, 04:53 AM   #1
Junior Member
 

Faded14's Avatar
 
Join Date: Feb 2010
Posts: 1

Exclamation Hurt during work - Can I still get disability?

Hi, i really need some help.

I was working for a tree service and i threw rope to my boss who was on a roof to a house we were working at and my arm came out of socket, at first he asked if i was alright but my arm was not able to be moved up and down very well but my arm had fell back into place so i said i was list what i can with my left arm because he said he really needed my help.

After lunch i said i had to go home because the pain was to unbearable, i went and saw a doctor and was sent to get xrays but i never finished getting them because i didn't want my mom to have to pay for the bill.

My arm kept acting up so i finally went to the doctor again to see if something was wrong and he sent me to get xrays but this is about 1 1/2 year later so i didn't think I would be able to get disability so i applied for unemployment like last month and they said i may not be able to get it because i am still injured and I'm about to get surgery on he 10th on my shoulder from that day ( today's the 1st) and if i did look for work i wouldn't be able to work in 9 days anyway and then after that i have to do therapy for 6months to a year so my arm can work properly again and i am broke because of all this. Can i still get disability ??

Please someone respond I'm sorry for how long it is, i just need to know for sure what to do thanks for your time.


California, Redding

Last edited by Faded14; Feb 1st, 2010 at 06:24 AM. Reason: Put what state im in.
Faded14 is offline   Reply With Quote
Sponsored Links
Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.
Old Feb 1st, 2010, 10:40 AM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: Hurt during work - Can I still get disability?

You should be able to now if surgery is occurring. And you can argue that recent events caused the problem to become even worse--which they probably did.

It can get a bit tricky if you waited 1.5 years initially so you may want to have counsel assist in guiding you.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 3rd, 2010, 03:10 AM   #3
Junior Member
 
neyen's Avatar
 
Join Date: Feb 2010
Posts: 16

Default re: Hurt during work - Can I still get disability?

why don't you ask your boss to pay the bills ??
neyen is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 8th, 2010, 04:00 PM   #4
Junior Member
 

ScottyONeil's Avatar
 
Join Date: Jan 2010
Posts: 14

Default re: Hurt during work - Can I still get disability?

Did you ever file a workers' compensation claim? That's not clear in your original post. You are not eligible for disability if you are receiving workers comp at a weekly rate equal to or greater than the disability insurance rate or if you are claiming or receiving unemployment insurance.

According to California's Employment Development Department, disability insurance benefits can be paid only after you meet all of the following requirements:

* You must be unable to do your regular or customary work for at least eight consecutive days.
* You must be employed or actively looking for work at the time you become disabled.
* You must have lost wages because of your disability or, if unemployed, have been actively looking for work.
* You must have earned at least $300 from which SDI deductions were withheld during a previous period.
* You must be under the care and treatment of a licensed doctor or accredited religious practitioner during the first eight days of your disability. (The beginning date of a claim can be adjusted to meet this requirement.) You must remain under care and treatment to continue receiving benefits.
* You must complete and mail a claim form within 49 days of the date you became disabled or you may lose benefits.
* Your doctor must complete the medical certification of your disability. A licensed midwife, nurse-midwife, or nurse practitioner may complete the medical certification for disabilities related to normal pregnancy or childbirth. (If you are under the care of a religious practitioner, request a “Practitioner's Certificate,” DE 2502, from the SDI office. Certification by a religious practitioner is acceptable only if the practitioner has been accredited by Employment Development Department.)
__________________
http://bidsfromlawyers.com
ScottyONeil is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
threw arm out on job

This thread has 3 replies and has been viewed 1935 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Fired after getting hurt at work Unregistered Hiring, Firing, Wrongful Termination 2 Nov 28th, 2012 01:54 PM
Hurt at work. Broken toe and need surgery. Help? what2d Injury & Worker's Compensation 5 Mar 7th, 2012 02:31 PM
Hurt at work not sure what to do... Should I speak to a lawyer? AnonymousWi Injury & Worker's Compensation 21 Jan 4th, 2012 06:47 AM
Help, I Hurt Myself at Work -- Absence Records, UK elmo Other Labor Law Matters 1 Jun 21st, 2011 08:25 AM
Can I sue? I work for the City of Los Angeles I hurt my back. pepperisgood4u Insurance Issues 0 Aug 29th, 2009 11:04 AM


Doing business in China? Need legal help or advice? Contact our international and Chinese lawyers 24 hours! WORLD Law Direct offers an experienced team of American and Chinese legal professionals.


All times are GMT -5. The time now is 05:19 PM.