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Joseph
Joseph, Lawyer
Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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how does one evaluate the potential value of a workers comp

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how does one evaluate the potential value of a workers comp claim? Is it for the period that the Doc says you can't work? What if you CAN work in a different situation/occupation but the pay is lower, but the condition (stress) is not induced by the new environment?
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My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

There is no set (e.g. mathmatical formula) to determine what the value of a workers' compensation claim may be.

It depends on many factors, including how long it will take for the person to return to work (if ever), what their disability rating is, how much they will need for medical payments due to the disability, etc. Of course, if someone can return to work, but just not in the same profession, that is going to significantly impact the value of a claim, and it may be an issue whether the person is actually disabled at all.

It anything, the person could allege the differences in salaries, but that would be a hard claim to make out.

The reason I suggested disability is because claims for anxiety, depression, etc. are hard to make out due to causation issues, etc. The potential value of a claim being unsure, and largely dependent on QME assessments and judge's rulings is one of the most prominent uncertainties in these types of workers' compensation cases.

If the disability is temporary (less than a year), SDI is probably the better way to go. (workers compensation and SDI are mutually exclusive).

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