Your path to recovery.
Legal Disclaimer
Service
We specialize in helping injured workers receive the disability benefit they deserve. Our experts analyze your case to determine what benefits you are entitled to. As your advocate, we consult with your medical providers and file your benefits with the State. One of our attorneys will review your file and represent you in Court. All an no upfront cost to you. We only get paid if your claim in settled.
DISCLAIMER: WORKERS BENEFIT OF CALIFORNIA ("WBC") is not a law firm, does not act as your attorney, and is not a substitute for advice from an attorney. WBC does not provide any legal advice, and none of the information provided herein or on any completed document should be construed as legal advice. WBC cannot provide legal advice and can only provide self-help services at your specific direction. WBC can assist you in completing legal forms when you are seeking to represent in your own legal matters. If you need legal representation, are involved in litigation, or have complex legal issues that cannot be handled or dealt with on your own, you should seek competent legal advice and/or hire an attorney. WBC can refer or recommend specialized attorneys to assist you in this claim, however, we are not responsible for the outcome. There is no guarantee of any settlement and benefits may not be available to you. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide advice or apply the law to the facts of your particular situation. Our company cannot provide legal advice for any situation or case. As such we cannot recommend as to what documents should or should not be used and cannot attempt to predict the legal impact of using any certain response or form. This document preparation service is not intended to create an attorney-client relationship, and by using our services, no attorney-client relationship will be created. You are totally and solely responsible for your own selections and actions. Again, WBC cannot make any recommendations for any corrections or changes to the documents or their application, content or use.
FAQs
WHAT IS THE SUBSEQUENT INJURIES BENEFIT TRUST FUND?
Per the California Department of Industrial Relations, “[t]he Subsequent Injuries Benefits Trust Fund (SIBTF) is a source of additional compensation to injured workers who already had a disability or impairment at the time of injury. For benefits to be paid from the SIBTF, the combined effect of the injury and the previous disability or impairment must result in a permanent disability of at least 70 percent. The fund enables employers to hire disabled workers without fear of being held liable for the effects of previous disabilities or impairments.” In sum, ratings of an Injured Worker’s overall disability, regardless of it being industrial, must be 70 percent or more to qualify.
HOW DO I KNOW IF I MEET THE 70% DISABILITY?
This is a 2-step process. The first step is to get an Impairment Rating for your body and mind. Only a skilled medical professional who is experienced in AMA Guides 5thEd. Impairment Rating can do this. The professional must review all your medical history and records and rate you. This is a very time-consuming task.
The second step is to convert the Impairment rating to a Disability rating using the scheduled system that includes your occupation codes, age, bodily injury, etc. Again, this is a difficult analysis performed by a para-legal expert.
HOW ARE THE PAYMENTS MADE?
They are paid primarily the same as worker’s compensation payments. In a typical WC claim, the worker can be sent a direct deposit from the insurance company for their permanent disability for each week. However, it’s the practice of the industry to seek a final lump sum payment as a way of settling with the insurance company.
WHY DO MOST PEOPLE TAKE A LUMP SUM PAYMENT?
The Fund can pay out for each week for the rest of the worker’s life (or however many WC law allows), or they can pay out in one lump sum and the case is closed. Most clients request a lump sum to help cover their immediate expenses and to secure the funds before they are gone.
WHAT IF I DO NOT WIN THE CLAIM DO I HAVE TO PAY YOU?
No. If your claim for disability benefits is denied, you pay nothing to us. Our medical and legal referrals agreed in advance to do this work to help you on a contingency. If we are successful in your claim, the reasonable medical and legal fees will then be paid from the claim. There is no risk to you!
DO I NEED AN ATTORNEY TO FILE AN SIBTF CLAIM?
No, the law does not require you to be represented, and if you feel that you can navigate through the deadlines, forms and calculations, medical records, medical exam and review, AND represent yourself in Court to present your case to a Judge, then you might be able to accomplish filing a successful claim without having to pay an attorney.
However, nothing can replace experience, and some mistakes can’t be recovered from. You should at least talk to an attorney to find out what you are up against and then you have an attorney that you can call if you feel like you are over your head.