Hurt during work - Can I still get disability?

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Old Feb 1st, 2010, 03:53 AM   #1
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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 05:24 AM. Reason: Put what state im in.
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Old Feb 1st, 2010, 09:40 AM   #2

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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.
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Old Feb 3rd, 2010, 02:10 AM   #3
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Default re: Hurt during work - Can I still get disability?

why don't you ask your boss to pay the bills ??
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Old Feb 8th, 2010, 03:00 PM   #4
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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.)
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