Worker's comp vs disability in southern cal

[GreekGoddess]

I injured my wrists after 34 years as cashier. MY PCP doctor said I have carpal tunnel and gave me a note for a leave of absence. I applied for worker's comp in the interim. I also had to visit THE COMPANY's DOC, who said that I was 'fit and ready to return to work ASAP!' Easy for him to say--MY wrists still hurt!

Immediately upon the expiration of the doc's note, my employer told me to report for work the next day with a different set of duties; to be specific, he said that I would work reduced hours with light duties, such as self-checkout or stocking a shelf, not as cashier.

DO I have to report? WIll I ever be paid for the 2 weeks that I was off? IF so, from what source? I hope not from my vacation or sick leave.

WHAT is the advantage of worker's comp vs state disability? DO I apply for state disability on my own or do I need a lawyer to do it? Would I benefit from seeing a specialist, such as an orthopedist?

THANKS!

 

[adjusterjack]

I also had to visit THE COMPANY's DOC, who said that I was 'fit and ready to return to work ASAP!'

No surprise there. Company doctors are frequently biased against the employee because, guess what, the employer pays them.

DO I have to report?

Yes. But if you continue to have pain or numbness get right back to your PCP for additional evaluation.

WIll I ever be paid for the 2 weeks that I was off?

There is a one week waiting period for WC so the best you'll get is a week's benefit which is typically 66 2/3 of your weekly wage. Call the adjuster at the WC insurance company and follow up on the claim.

WHAT is the advantage of worker's comp vs state disability?

You haven't said what state but WC is for work related conditions and state disability is generally for non-work related conditions.

After 34 years as a cashier your Carpal Tunnel is almost certainly due to work related repetitive movements.

I know. I have it from almost 50 years of typing. Only my case is annoying but not debilitating. I still type every day and my fingers frequently get numb for a while. The most I ever had to do is wear wrist splints at work to give the carpal sheath some relief. You might want to try wearing them at work and at home (to rest up the condition over night). They are available at pharmacies and on Amazon.

Have you ever had nerve conduction tests (EMG - Electromyography)?

EMGs and carpal tunnel: Procedure, results, and next steps (medicalnewstoday.com)

I've had them a few times. Always borderline results without any need for surgery.

Don't let the employer deter you from getting properly evaluated and treated privately, Even if your condition is not serious enough to disable you, there are ways of managing the condition to reduce pain and numbness.

Unfortunately, if the condition becomes really serious, you might need surgery to release the carpal ligament.

The following article describes the two types of surgery.

Carpal Tunnel Release | Johns Hopkins Medicine

Endoscopic surgery has become the more usual method in the last couple of decades because of the advancement of miniature cameras and surgical tools resulting in rapid recovery.

 

[cbg]

Workers comp vs. disability is not a choice. If the injury/illness is work related (and I mean caused by) your work, workers comp is your only option. Disability policies will not cover work related stuff; workers comp will only cover work related stuff.

Now, if you apply for workers comp and are denied, you can put it through your short term disability policy and as long as you include the workers comp denial, it should be covered. But you don't get to decide which one is to your best advantage and use that.

 

[GreekGoddess]

adjusterjack https://forum.freeadvice.com/members/adjusterjack.649682/

I live in SOUTHERN CALIF. I DON"T wanna have an operation on account of I'm always scared of that kind of thing--anesthesia and such. WHO knows what can go wrong? CAN the company, a big market chain, force me to and if I don't, I will lose my job or the right to collect WC?

I never filled out paperwork for the WC claim 2 weeks ago; my union rep took the info over the phone, so I guess that he did it, or maybe my boss did it when he got the news from the union. I therefore do not know what the case # is to follow up with a call to the WC board, but I guess that I can find it or call the union.

THE union gives me some guidance over the phone, but not much. AS I recall what occurred on the phone with the union 2 weeks ago, you and
cbg https://forum.freeadvice.com/members/cbg.61677/
are absolutely correct because the UNION never mentioned DISABLITY. THE guy steered me to WC, but I guess that he had to, as I did not have the option of disability. I always remember hearing people--not at my job, mind you--say that they went out on a disability claim and eventually got a tax-free disability retirement. I'd like to know what their circumstances were!

I do not know what to make of the NY/NJ entry from CIVENI above. HOW does that info apply to my case?

 

[cbg]

https://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.html

 

[cbg]

I have a guy that has a business in NY insured by NYSIF on the WC. He just opened the same business in NJ and has a new tax ID. Same owner, same business, two different states and tax id's.

Are their companies that write this under one policy or does he have to have a policy to cover him in NY and a separate policy to cover him in NJ.

Thanks!

please start your own thread. It is very confusing to the responders to have two different questioners in the same thread, not to mention that it is rude to hijack someone else's thread. This thread belongs to Greek Goddess.

 

[cbg]

https://www.dir.ca.gov/InjuredWorkerGuidebook/InjuredWorkerGuidebook.html

The NY/NJ issue is irrelevant to your situation. That poster needs to start their own thread.

 

[quincy]

Civeni’s posts are irrelevant. Nothing s/he wrote applies to you in California. Civeni’s post has been reported for moderator review.

Adjusterjack suggested a wrist splint to ease the pain. It can be worn at night or you could wear it at work. Here is information from the National Library of Medicine:

https://www.ncbi.nlm.nih.gov/books/NBK279596/

 

[adjusterjack]

I always remember hearing people--not at my job, mind you--say that they went out on a disability claim and eventually got a tax-free disability retirement. I'd like to know what their circumstances were!

I wouldn't put too much stock in those kinds of statements. Not demeaning union type workers at all but they often aren't very sophisticated about insurance and could mistake disability payments for workers comp payments, and vice versa, because all they know is they are just getting money for being unable to work.

I DON"T wanna have an operation on account of I'm always scared of that kind of thing

Not suggesting you have one. Might never be necessary. Just giving you a bit of knowledge about carpal tunnel syndrome.

 

[GreekGoddess]

https://forum.freeadvice.com/members/cbg.61677/

THANKS for the link to the 'guidebook.' I glanced at it and it seems as if it will answer every possible question about the differences between WC and DISability. I will have some heavy reading to do tomorrow.

MY doctor gave me 2 wrist splints last month. I began wearing them faithfully, but then the WC doctor last week told me 'they don't help.' I will wear at least 1 of them tomorrow when I return to work; my boss presumably cannot deny me the right to wear it.

THANKS! YOU guys are great. I learned more here in 2 hours than I learned in the last 2 weeks

 

[quincy]

… MY doctor gave me 2 wrist splints last month. I began wearing them faithfully, but then the WC doctor last week told me 'they don't help.' I will wear at least 1 of them tomorrow when I return to work; my boss presumably cannot deny me the right to wear it. …

I can’t think of any reason why your boss would deny you the right to wear the brace.

 

[GreekGoddess]

https://forum.freeadvice.com/members/quincy.327460/
I can’t think of any reason why your boss would deny you the right to wear the brace.

---YOU don't know my boss! I don't expect any trouble, though.

 

[zddoodah]

DO I have to report?

Of course not. Slavery and forced servitude (except for prisoners) have been unconstitutional for 160 years. That said, since you've been cleared by the WC doctor, you may suffer consequences if you don't show up.

WIll I ever be paid for the 2 weeks that I was off? IF so, from what source? I hope not from my vacation or sick leave.

I don't know. Are you hourly or salaried? Did you have PTO (this is exactly what PTO is for)? What short-term disability coverage exists (if any)?

WHAT is the advantage of worker's comp vs state disability?

I don't understand the question. They're two completely different things (you can google the difference if you want a detailed explanation).

DO I apply for state disability on my own or do I need a lawyer to do it?

You don't need a lawyer. Contact your employer's employee benefits person. In California, you aren't eligible for short-term disability for the first week of your disability period. As previously mentioned, if this is a workers' comp matter, then you won't be eligible at all. The comment about there being a one-week waiting period for WC is wrong (it's a three, non-consecutive calendar day period).

Would I benefit from seeing a specialist, such as an orthopedist?

Are you asking folks on a legal message board to medically diagnose you?

Note that your union's collective bargaining agreement with your employer (which we obviously aren't privy to) may be of some relevance.

 

[GreekGoddess]

HI. THANKS, MR.
https://forum.freeadvice.com/members/zddoodah.696479/

I AM GOING to work tonight from 5-10. I am hourly. SOME organization that I never heard of TEXTED me this a.m. that a check is waiting for me for the sum of xxx, which is exactly what I would have made if I had worked the last 2 weeks; the company wanted my direct deposit # at my bank, but I balked at giving it to them. I'll have the check mailed to me.

THE same deductions as always were taken. THE company that sent the text must be handling the worker's comp claim, so I guess that the money came from WC. I DID NOT authorize PTO or request it, but yes, I have several PTO days available to use if necessary.

I see your point about not needing a lawyer to collect WC. THE ball is already rolling and I have gotten a check. WHAT more could a lawyer do at this point? NOTHING, I guess, but my company's HR person would be good to contact. I also clearly understand now that WC is for an injury ON the job, such as my carpal, but SDI AND LDI are for injuries/illnesses that occur AWAY from the job, but prevent a person from working, such as if I broke a hip at home on a ladder and could not go to work.

I meant that, because MY PCP said that I have carpal tunnel, but the WC doctor said "BIG DEAL! this is nothing. EVERYBODY HAS IT. GO TO WORK ON TUESDAY,'' I might benefit from the opinion of an expert such as an orthopedist; however, I fear that the die already may have been cast and the case closed, with the COMPANY's doctor having had the final word.