Workers’ Compensation
Any injury that arises in the course of your work is considered a workers' compensation injury. In many cases, the injury might not initially appear to fit within the job description. Work injuries can happen to even the most careful, competent employees. If you have sustained an injury on the job, the first thing you should do is notify your employer of the injury. After you have received authorization, get medical care for your injury. If you are taken off work by your physician, you are entitled to temporary disability which represents approximately 2/3rds of your pay. This benefit is tax free. You must select a doctor from within the Medical Provider Network, a list of physicians provided by the employer and insurance carrier.
Most claims do not require an attorney, however, if you are experiencing difficulty with your employer, the claims adjuster, or your doctor, you should seek a consultation with an expert in workers’ compensation law.
Lawyers representing injured workers are paid out of a settlement at the rate of normally 12-15%.
Social Security Disability
If you are unable to perform all jobs for a period of 12 consecutive months or have a condition that is terminal, you may qualify for SSDI or SSI. Mr. Chalk handles both SSDI and SSI cases through the Office of Disability and Adjudication Review in Northern California. SSDI cases require that the claimant has paid into the SSA system 20 of the previous 40 quarters, or 5 of the last 10 years. If the claimant has not paid in the requisite quarters, then they may qualify for SSI, which has limitations on assets and family income.
Lawyers representing claimant’s in social security disability cases receive a percentage of past owed benefits, usually 25%, up to a maximum of $6,500.
Industrial Disability Retirement
If you are a member of PERS and a police officer, correctional officer, firefighter, or other person in safety and you sustain a work injury that precludes you from performing your job, you may be eligible for IDR. This benefit is different from Disability Retirement in that it requires an industrial injury.
Lawyers representing individuals in IDR cases usually receive 1/3rd of past owed benefits, paid by the individual.