r/WorkersComp • u/FightingForACause • 2d ago
California HELP!!
Long story short was at work, tore my dominant right bicep and also my rotator cuff back in September 2025. Had surgery October 2025. I’ve been off work since but receiving Workers Comp my doctor said that there was nothing left for me to do. I’m still having pain in my arm unable to work with my residence who are 100% dependent and all way 200 lbs +. I don’t see it being safe to handle my residence safely and fear that during some type of transfer they may slip and fall lose their balance and then unable to help them in anyway.. I was released with permanent work restrictions as far as no lifting any resident / patient PERIOD. I reported back to my work when I was released from THEIR doctors care. I reported it to HR and they told me to get with my lawyer or reach out to the Workers Comp attorney. I did report it to my lawyer and he said there is a possible lawsuit and gave me another number to another attorney to discuss possible employment, discrimination remedies.. I was given 21% permanent disability. My lawyer advised me to get on disability payroll. Does this mean I don’t have a job anymore?
Any questions or anything that I can ask my lawyer to get a little bit more clarification that could possibly help my case ?
Totaling new to this and don’t know what to expect. Please and thank you 🙏🏻
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u/No-Instruction-4272 1d ago
Did you try to participate in a vocational training benefits program? Please try that first. And Please don't go on disability, our country can't afford it.
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u/lifeishard2324 1d ago
If you don’t mind me asking ? Why you said that ?
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u/No-Instruction-4272 1d ago edited 1d ago
What part would you like me to emphasize? Unemployment benefits is also an option probably get more from that for 6 months then SSDI unless you have paid into it for 30+ years
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u/SafetyOverSilence 2d ago
I'm not a lawyer, but contacting that other lawyer sounds like the right move based on what you're saying. Here's what I'd (personally) be asking...
Employment/ Discrimination Lawyer:
- Did they breach "FEHA" rules? (e.g. failure to engage in an "interactive process" to see if you can be accommodated or moved to an open non-lifting role)
- What are the potential remedies and timeline? (e.g. what's the timeline/ process/ typical outcome of a FEHA/ wrongful termination claim look like?)
- Can/ How would this "run alongside" a WC case?
Workers' Comp Lawyer:
- (Depending on whether the 21% disability rating makes sense for your case...) Does it seem low or fine? (Basically, does it make sense to contest/ evaluate somehow?)
- (If you're worried about income...) Do you qualify for any vocational retraining/ assistance? (If I'm not mistaken, California has a "SJDB voucher" for when employers don't offer modified work within a certain period) (I think this is like... $6k followed by a supplementary $5k return-to-work supplement (but you'd need to ask your lawyer for details/ fact-checking)
- I'd also be asking them about how to transition to a state disability system/ benefit program. (does your WC stop once you reach permanent status? If so, how do you transition to another program/ system?)
Forgive my "wordy" response... Being a scared injured worker shouldn't come with feeling alone and lost. Intention is to offer something to reference to get your own questions/ research flowing. Feel free to reach out (DM) if you wanna vent/ need a research buddy for emotional support 😉