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Sunday, April 28, 2024
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General answer: No.

Specifically, Labor Code 3551(a) states that "aliens" are employees for workers compensation benefits. The term 'alien' refers to a person who is not a US citizen. They may be classified as documented or undocumented, with 'documented' permitted to work in the United States by having a 'green card'.

The Labor Code does not distinguish between the two when it comes to documented vs. not.  Both the Labor Code and case law does not require someone to be a citizen to get workers compensation benefits.  Gutierrez, dba Armstrong Co. v. WCAB (Flores) (1976) 41 CCC 184 (writ denied). See also Dittman v. Knapp, Allison (1943) 8 CCC 189 (panel decision) (enemy alien was entitled to benefits); Alfaro v. WCAB (Mier) (2001) 66 CCC 1 (writ denied) (Court of Appeal opinion unpublished in official reports) (undocumented worker was awarded benefits)

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The general answer is no, workers compensation benefits and settlements are not taxable.  They are considered non-taxable income much like other disability benefits like those from Employment Development Department EDD (in California).

However, there are exceptions to this general rule that you should know - and go over with your attorney and tax professional.  Here are some of the exeptions to consider:

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Injury Compensation Law PC is happy to announce a $175,000 settlement for one of our top clients in Los Angeles. This Applicant fell at work causing serious injury to the back, hip, and shoulder that eventually led to surgery and multiple complications (including psychiatric, internal/gastrointestinal, and knee).

Defendant insurance tried their best to deny medical treatment, reduce future medical care provisions, and force the Applicant off medications and durable medical equipment in an attempt to save final settlement costs. Defendant even tried to send limited medicals (leaving out vital QME and other medical legal reports) to Independent Medical Review to try to uphold their improper Utilization Review denials. After forcing litigation on the issue, Defendant agreed to continue authorizaton for the treatment originally denied.

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If you live in Southern California (ie Los Angeles, Orange County, Long Beach, San Diego, Riverside, San Bernardino) areas you know it’s been raining heavily over the last couple weeks.

The Department of Transportation estimates 21% of all auto/car accidents and crashes are due to weather conditions.  Water levels and lane submersion can cause sudden decreases in speed, delays, hydroplaning, and fender benders.

These kind of accidents and crashes can cause serious injuries, including whiplash, neck injuries, back injuries, broken bones, sprains, strains, concussions, bruises, and even deaths.

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While everyone is required to have car insurance (read as: required, but may not always have), many of my clients don’t understand how the policy limits for their insurance coverage work until they are in a car accident. By that point, it can be too little, too late.

So let’s start from the beginning. Policy limits are the maximum benefit an insurance company will pay for a policyholder if/when an insured event occurs. Meaning, the limits are the maximum amount your insurance company is contracted to pay in an accident. Now, don’t confuse that to mean that is how much they will pay in any accident. It just means that your insurance company is not required to pay any more than what you agreed your policy limits would be.

About Us

We are former defense attorneys with years of experience working with big clients like Tesla, Amazon, Lockheed, and many of the large insurance carriers. After working with insurance companies and various employers, we decided to start our own firm to protect the rights of the injured.

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