Answers to commonly asked disability and/or workers’ compensation questions…
What are the differences between disability and workers’ compensation? | State disability insurance covers off-the-job injuries or sickness and is paid for by workers through deductions in their paychecks. For state disability, you must go to your doctor who will determine if you need to be off work. The doctor will give you a note for you to give to your store manager. Call EDD at 1-800-480-3287 to request forms, or use their website: www.edd.ca.gov.
Workers’ compensation is paid by your employer and takes care of on-the-job injuries or illnesses caused or aggravated by work. |
How do I file for workers’ compensation benefits? |
For worker’s compensation, you must immediately report the injury to your manager or supervisor. They must give you a claim form, which both parties fill out and complete. Your employer should arrange for you to receive medical treatment within 24 hours. Worker’s compensation temporary total disability (TTD) benefits are a wage loss type benefit paid by your employer if you are taken off the job for an accepted work-related injury or illness. |
Can I go to my own doctor when it is a job-related injury? | You may be entitled to be treated by your own personal physician if you have predesignated a provider and he/she has agreed to treat you. Otherwise, you must see a doctor within your employer’s medical provider network (MPN). Call Local 1442 for the pre-designation form. |
How long do I have to go to the company doctor? | If your employer does not have a medical provider network (MPN), you must treat with the company doctor for 30 days. After the initial 30 day period, you may be able to switch to your own doctor. However, if your employer has a MPN, you are must treat with a doctor within that network from the date of injury and you cannot go outside the network, unless an exception applies. |
What happens if I go to my doctor and find out my injury is work-related? | Get a note from that doctor stating that your condition is work-related and give it to the store manager or supervisor, and ask for the form to complete to report a work-related injury. |
What happens if I am permanently disabled? | If a doctor finds that you have some level of permanent disability, you may be entitled to some monetary benefits through worker’s compensation as well as an award for future medical care. (Please note: Permanent disability is a separate issue from your ability to work. If you have additional questions, please consult an attorney.) |
Does the union have workers’ compensation attorneys? | Yes. For over 20 years, the law firm of GORDON, EDELSTEIN, KREPACK, GRANT, FELTON & GOLDSTEIN, LLP has been assisting our members. They specialize in personal injury and workers’ compensation. They also have a network of other attorneys they can refer to you if you need assistance in other legal matters. Please contact Richard Felton at (213) 739-7000. |