Kaiser

Every month, a reader asks one of our sponsor legal experts about a work-related issue. These building trades law professionals respond in an Organized Labor exclusive. This month's expert is Hillary Allyn of the Arns Law Firm. Ask Hillary a question at This email address is being protected from spambots. You need JavaScript enabled to view it.

Visit The Arns Law Firm website.

I was seriously injured on the jobsite and my doctor said I cannot work now. I am receiving checks from the Workers' Compensation insurance carrier. Someone told me I cannot receive State Disability (EDD) benefits at the same time. Is this correct? Are there other benefits to which I might be entitled?

Yes, there are other benefits to which you may be entitled!  If a 3rd party causes your injury, you may be entitled to millions of dollars in addition to Workers' Compensation benefits: 

  1. The employer is the 1st party;
  2. the employee is the 2nd party;
  3. the other company causing the injury is the 3rd party

The recovery is substantially greater in a 3rd party case than in a Workers' Compensation case. 

You cannot receive Workers' Compensation Temporary Disability benefits at the same time as State Disability benefits, and doing so is illegal with some narrow exceptions.  However once you begin receiving Workers' Compensation Permanent Disability Advances instead of TD, you can also apply for EDD, subject to an offset.  You should consult an attorney regarding whether your situation may fall within the limited exceptions.

You may also be eligible for Social Security Disability Insurance (SSDI).  SSDI is subject to an offset by other benefits and income you may be receiving.  The application process is often lengthy, so the sooner you consult an attorney about your specific situation, the better.  Once a Workers' Compensation case comes to a close, there usually is not sufficient compensation to sustain you going forward.

Furthermore, EDD normally only pays approximately one year's worth of funds until your account has been exhausted (as long as a doctor continues to certify that you are disabled).  There are complex issues to be addressed in a Workers' Compensation settlement if you are a SSDI and/or Medicare recipient at the time of settlement, or even if you have only just applied, so you usually will need an attorney.

If you are a union member, you should also inquire with the union Trust Fund regarding benefits there that may be available to you.

Contact an attorney with experience in Workers' Compensation and 3rd party cases immediately.

.

-Hillary Allyn, The Arns Law Firm, San Francisco, CA
Ask Hillary a question at This email address is being protected from spambots. You need JavaScript enabled to view it.

For more information on work-site accidents and
your legal options, visit the ARNS Website.

"Interaction via "Ask the Expert" does not establish an attorney-client relationship. Any advice given is neither legal advice nor does it serve as a replacement for hiring an attorney. In addition, any case results mentioned or discussed are not guarantees of similar results."


Hillary Allyn

This Month's Expert; Hillary Allyn

Hillary Allyn has a strong background in Workers' Compensation. She litigates cases involving construction injury, workers' compensation, personal injury, employment discrimination, and serious and willful employer misconduct.

Hillary was an extern to the Honorable Judge Teri Jackson at the San Francisco Superior Court. Her experience and her fluency in Spanish allow her to successfully represent our Spanish-speaking client base.

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