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| *Ostroff, Fair and Company>>>Law & Legal |
Can I work as an independent contractor while I wait for temporary disability in California? |
Around two months ago I was wrongfully discharged for filing a workers comp case. If I work as an independent contractor and earn a little money so that I can eat will I be disqualified for temporary disability? I found a job that I can do that does not violate my restrictions. Problem is I have no idea how much money I would be earning because its on commission. So if I accept the job and earn 10$ one week am I screwed out of temporary disability? I live in California. I heard that I cannot have two sources of income. I know that unemployment encourages you to work and just deducts what you made from your weekly total. Does temporary disability work like this too? Two months with no pay I'm told two weeks after Doctor files paper work I get temporary disability. Where can I get answers? I call workers comp and get a recorded message!! Thank you. Thank you. If your injury was a work related injury it needs to be filed through the workers comp. insurance company and not through CA SDI. SDI will deny the claim and refer you to your carrier for benefits and wage replacement benefits. "California State Disability Insurance (SDI) is a partial wage-replacement insurance plan for California workers. The SDI program is State-mandated, and funded through employee payroll deductions. SDI provides affordable, short-term benefits to eligible workers who suffer a loss of wages when they are unable to work due to a NON WORK-RELATED illness or injury, or a medically disabling condition from pregnancy or childbirth. " "If you return to work part time and still suffer a loss of wages, we can pay benefits equal to your wage loss but not more than your weekly benefit rate. We will look at what you earned on a weekly basis before your claim began, then subtract what you're currently earning working part-time. The difference between the two figures is your wage loss, or the amount of wages you are losing by working part-time. If your wage loss is greater than your weekly benefit amount, you'll receive benefits at your full SDI rate. If the wage loss is less than your weekly rate, you'll receive the amount of your wage loss only. The following examples are guidelines only. Since each situation is different, if you return to work on a part-time basis, please contact SDI for clarification. " Source(s): http://www.edd.ca.gov/direp/diind.htm... If the doctor declares that you are totally temporarily disabled (TTD), then it can be considered fraud. If doctor just gives temporary restrictions while you treat for your injury (i.e. no lifting over x pounds, no stooping, etc.), then you can still work. Call your claims administrator to let them know you have a part time job within your restrictions. They may ask for proof of earnings. You should still get 2/3 of the difference between what you averaged (weekly gross wages) at your old job, and what your gross in one week now. Example: Old job average weekly wage: $500 Temp job average weekly wage: $200 Work Comp Disability check: $200 (tax-free). You can have two or three sources of income in California. In fact, if you had a second job that you were TTD from, work comp would have to pay lost wages from both jobs. Regarding your getting fired for filing a claim, that's illegal in California. Experience handling work comp cases in California. |
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