eNews - October 2007
|
Apply for State Disability Insurance for all
work-related injuries after April 19, 2004
|
When Gov. Arnold Schwarzenegger signed Senate Bill 899 into law April 19, 2004, he drastically reduced every Californian's right to Temporary Disability benefits for work-related injuries on or after that sad day.
The Schwarzenegger Law limits Temporary Disability for an industrial injury on or after April 19, 2004 to 104 weeks (two years) within two years of the first payment.
Schwarzenegger clearly succeeded in cutting down Temporary Disability, even though the law has recently been amended to allow a longer payment period for injuries beginning in 2008. The law still allows for certain limited exceptions, such as more benefits for chronic lung disease.
Injured workers, however, may qualify for alternative benefits. The law firm recommends that Workers' Compensation claimants also apply for State Disability Insurance benefits immediately after an on-the-job accident or illness.
To tell if you paid into the State Disability Insurance system, look for the "SDI" deduction on your paycheck. Your treating physician can certify you for benefits, which are administered by the California Employment Development Department.
Your SDI claim will go inactive if you are receiving Temporary Disability. You can reactivate the claim and receive SDI benefits for up to a year if you still cannot return to work when temporary disability ends. Be cautious in accepting overlapping payments, as you may have to repay them later.
Caution: You may not qualify for State Disability Insurance if you do not apply immediately after your injury. Contact the law office at (213) 739-7000 for a free consultation if you have questions about a claim.
|
|
|
