Injured or Disabled?
San Diego Office
Call Us: 844-PRO-4LAW or
(844) 776-4529
844-PRO-4LAW or
(844) 776-4529
**FOR IMMEDIATE APPOINTMENTS – CALL 844-PRO-4LAW**
Board Certified Workers’ Compensation Attorney
Injured at Work, Disabled, or Both?
Two different systems protect Californians who cannot work because of an injury or illness. California workers’ compensation covers injuries and illnesses caused by your job. Federal Social Security Disability covers severe medical conditions that keep you from working for at least a year, whatever the cause. Many of our clients qualify for one, and some qualify for both. The right path depends on how the condition started and how long it is expected to last.
If you were hurt on the job
Workers’ compensation applies when an injury or illness arises out of your employment. That includes a single accident, such as a fall or a lifting injury, and conditions that build over time, such as carpal tunnel, back degeneration from heavy work, or lung disease from workplace exposure. You do not need to prove anyone was at fault. Report the injury to your employer within 30 days, return the DWC-1 claim form, and file within one year. Benefits include medical care, temporary disability for lost wages, permanent disability, and job retraining.
If you cannot work for a year or more
Social Security Disability Insurance (SSDI) pays monthly benefits to people who have worked long enough to earn Social Security credits and who have a medically determinable condition expected to last at least 12 months or result in death. Supplemental Security Income (SSI) is a needs-based program for people with limited income and resources. Most initial applications are denied, and each denial must be appealed within 60 days. See our Social Security Disability page.
If both apply
A serious work injury can qualify you for workers’ compensation and SSDI at the same time. When you receive both, Social Security may reduce your SSDI so that the combined amount does not exceed 80% of your average earnings before the disability. How a workers’ comp settlement is worded can affect that offset, which is one reason to coordinate the two claims rather than handle them separately.
What to do this week
- Report any work injury to your employer in writing and keep a copy.
- See a doctor and describe every body part affected.
- Keep every letter from the insurance company or the Social Security Administration.
- Write down the dates you stopped working and why.
- Do not let an appeal deadline pass: 60 days for Social Security, 20 days for most workers’ comp reconsideration petitions.
Where we can help
We represent injured workers and disability claimants from offices in Santa Ana, Ontario, and San Diego, and we serve communities across Orange County, the Inland Empire, and San Diego County.
Talk to a Certified Specialist at No Cost
Dennis A. Dascanio is certified by the State Bar of California Board of Legal Specialization as a specialist in workers’ compensation law and has represented injured workers since 1987. Consultations are free, and attorney fees are approved by the judge and paid only from benefits recovered. Call the office nearest you: Santa Ana 714-550-7002, Ontario 909-460-6900, or San Diego 619-338-8399. Se habla español.
This page provides general information, not legal advice for your situation. Every claim depends on its own facts.