Wilmington, CA asked in Workers' Compensation for California

Q: After 2 yrs. On disability. And still need surgeries. What happens with pay. Do you then apply for permanent disability.

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: The Labor Code ends Temporary Disability payments from the insurer after 104 weeks -- two years. Even if you applied for Social Security Disability Insurance , you likely wouldn't be approved for more than one year. You can try an application for State Disability Insurance at www.edd.ca.gov but it will be tough since you haven't worked to contribute to your SDI fund for 2 years. If you have a joint replacement or blinding eye injuries or burns, TTD is more than 104 weeks. You needed an experienced attorney a long time ago so fix that now.

Domingo R. Castillo agrees with this answer

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