Is My New Injury Part of My Workers’ Compensation Claim?

You May Be Entitled to Additional Compensation

You sustained a workers’ comp injury, have a claim, and are receiving treatment. But then you suffer an additional injury outside of work.

For example, you sustained a low back and left leg injury at work, but later at some point your right leg is really hurting all the time.  This is possibly from overuse as you are favoring your left leg and your right leg is overcompensating. Is it related to your workers’ comp claim or not?

Under certain circumstances a subsequent injury may actually be a result of your work comp injury and as such be deemed a compensable consequence injury and need to be included in your workers’  comp claim. The professionals at Inland Empire can help you on the way to determining if your new injury falls within this category.

If you have any questions about your workers’ comp claim and whether or not your new injury should be included call Inland Empire at (951) 394-3640to be guided through the complex process of determining a compensable consequence injury.

It should be noted that, while double payment of total temporary disability (TTD) and SDI is generally not allowed; there are cases where the SDI benefit rate is higher than the TTD rate, and EDD will pay the difference.

Ultimately, how is the SDI rate of profit calculated? SDI is based on past earnings and equals approximately 55% of your earnings to the maximum amount of weekly profits. Note that total temporary disability benefits equal 2/3 of the average weekly income.

When considering issues of these benefits, also keep in mind that EDD SDI will run for 52 weeks in most cases, and in accepted cases, the total temporary disability will be maximized by 104 weeks.

Whether it’s a total temporary disability, EDD, or other workers’ compensation issue, Inland Empire is pleased to help answer your questions. Call Inland Empire at (951) 394-3640

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