One body part was approved by workers comp and the second body part was considered non industrial. I am on TTD for the one body part and the second one is through my own insurer, my doctor says he can put me on SDI for approx. one year to collect benefits from SDI. I need some legal advice if this is possible? Also, I will need surgery for the body part that is through workers comp and my dilemma is which one I should do surgery on first? I will be looking for an attorney very soon, however, I need some advice in advance. Thank you
You need to get advice from an experienced workers compensation attorney, not general postings on a message board. You pay nothing up front to have a comp attorney represent you. Their fee is a small percentage (normally 15%) of the permanent disability findings and award or compromise and release settlement. Consult with a comp attorney sooner than later.
You will not be allowed to collect SDI and Temp Disability at the same time. You are required to disclose sources of income and can be criminally prosecuted for being untruthful.
One thing I must point out too is related to your comment, “One body part was approved by workers comp and the second body part was considered non industrial.” Did a workers’ comp doctor consider the second body part non-industrial? If so, did you appeal to a QME? Discuss this with your attorney once one is selected. It is possible, perhaps even likely, the cumulative trauma of your job contributed to the second body part being injured.
Good Luck!
Steven Joseph AlvesWorkers' Compensation LawyerLos Angeles, CA ·
Yes, you can have both claims simultaneously. If you file both, you will be required to disclose the benefits you recieve from one to the other. You arne't allowed to double dip. It sounds like you could benefit from consulting with an experienced attorney. If you're in LA, I'd recommend Joanna Sacavitch.
Gilbert Earl FisherWorkers' Compensation LawyerFresno, CA ·
Although you are not allowed to collect both at the same time (and if you are, they may com after you to pay some back), you can have both cases, and you can then draw State Disability, should your TD run out, or not pay you for a period, when you are disabled for a non-industrial condition.
You would be well-advised to consult face-to-face with a local attorney, who can get all the facts, and best advise you of your rights. You can find a lawyer through this site, by clicking the "Find a Lawyer" tab at the top of this page, and then searching for a workers compensation attorney in your city and state. Best of luck to you.
I agree with the other posts here. You can apply for both benefits at the same time. SDI will take an offset, so if their benefits are higher, you will get the difference. BUT, even if you just have a workers compensation injury you can apply for both, you can also use SDI as a third year, the calculations can be complicated and it may be best to discuss this with your attorney, or to consult with a workers compensation attorney.
