I’ve conversed with many individuals in receipt of lifetime pensions at temporary disability rates from the time of their injury per California workers’ compensation law. Recent changes to California workers’ compensation law provide that injured workers who are receiving workers’ compensation benefits in the form of lifetime pensions (aka “life pensions”) or permanent total disability for dates of injury on or after January 1, 2003 may be entitled to a rate adjustment.
The Law Office of Scott A. Schwartz is prepared to represent you in a rate increase to your life pension or permanent total disability in accordance with California workers’ compensation law. As always, free consultations are available. We look forward to discussing any potential upward adjustment to your life pension or permanent total disability payments. The legislative change to California workers’ compensation law might not only be helpful in increasing bi-weekly payments for recipients of a life pension or total disability payment, but might also spur insurance companies to acquiesce to an equitable buyout of life pensions and permanent total disability payments.
In most cases, individuals in receipt of a life pension or permanent total disability payments are also recipients of Social Security Disability Insurance (“SSDI”). It’s important to note that a buyout of your life pension or permanent total disability payments could result in an offset to your SSDI payments or any other long term disability plan you may have, such as a disability pension from your prior employer.
In light of the foregoing, it is prudent to discuss the new laws with a knowledgeable California workers’ compensation attorney before sitting down with a workers’ compensation carrier to discuss a buyout or increase in your life pension or total disability payments. An experienced workers’ compensation attorney will advise you as to your rights’ under California workers’ compensation law and carefully devise a plan to put the most money in your pocket.
Although the foregoing recent legislation is exciting, injured workers entitled to the increased life pension or permanent total disability benefits must tread carefully to avoid any offsets of other income of which they are already in receipt. Again, the Law Office of Scott A. Schwartz welcomes your calls to discuss these issues. While our office is located in Los Angeles County, we take pride in representing injured workers throughout the State of California.