Visitor Question

Do I qualify for disability if work tells me stay home after doctor clears me?

Submitted By: Walter (La Puente, California)

I broke my ankle and fibula in a work accident on April 6 in the state of California. I was cleaning a machine and my foot got stuck in it and was crushed. I’m walking with a cane now but with a bad limp. My foot doesn’t bend all the way so it affects the way I walk. I also have pain if I’m on my feet too long.

My workers comp doctor says I can go back to work in a sitting position if available and standing for maximum 4 hours. My job told me to stay home and get better. Do you think I could qualify for disability?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Walter,

There are five workers compensation benefits available in the State of California:

Medical Care: Paid for by your employer to help you recover from an injury or illness caused by work

Temporary Disability Benefits: Payments if you lose wages because your injury prevents you from doing your usual job while recovering

Permanent Disability Benefits: Payments if you don’t recover completely

Supplemental Job Displacement Benefits:  Vouchers to help pay for retraining or skill enhancement if you don’t recover completely and don’t return to work for your employer

Death benefits: Payments to your spouse, children or other dependents if you die from a job injury or illness

For you to qualify as disabled, you’re required to have a treating physician certify your disability. Speak with your employer and ask to see one of the company’s approved physicians. You will be examined and a determination will be made regarding your disability, if any. In the event you don’t agree with the physician’s decision, you have the right to be evaluated by a physician of your choice.

For more information of California Workers Compensation benefits, visit the California Employment Development Department’s website.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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