What Kind of Case Do I Have?

Two people talking about a case with papers in front of them.

Here at Ghitterman, Ghitterman & Feld, we help to relentlessly pursue our client’s right to recovery benefits allowed by law.  Many times, one situation may give rise to more than one type of claim, including a personal injury claim, a worker’s compensation claim, a social security disability claim, a disability retirement claim, and others. Below is a discussion of four general types of claims.

While each of these claims are separate and distinct, it is very possible that you possess more than one of these claims arising out of the same injury producing event.  Here at Ghitterman, Ghitterman & Feld, we explore all facts available to ascertain if you have the right to pursue such a claim and will explain how to do so. 

There are other types of claims that emanate from one of these four general classifications and an experienced attorney is invaluable in identifying and pursuing each claim.  We urge you to seek a free consultation with our firm to determine the type of claim you may have and your options for pursuing it.   

PERSONAL INJURY – This claim arises when you are able to blame someone other than your employer or co-worker for an injury.  Typically, these claims arise a car crash, slip-and-fall, trip-and-fall, construction site accident, dog bite, defective product, or discrimination/wrongful termination (the one kind of personal injury claim you can bring against your employer).  A personal injury claim allows you to recover damages for past and future medical expenses, past and future loss of earnings, and past and future pain and suffering damages.

WORKER’S COMPENSATION – This claim arises when your injury is related to your work. It can happen while you are at the work place or in the field. Injuries can happen due to specific activity or over time doing repetitive activities. A worker’s compensation claim will provide replacement wages while you are recovering up to 104 weeks, medical treatment to help you get better or feel better from your work injuries, and if you have a permanent residual impairment, a permanent partial disability benefit that will last a few months to a few years depending on the severity of your disability.  You may also be eligible for retraining assistance. You do not recover your past or future loss of earnings or pain and suffering damages. 

SOCIAL SECURITY DISABILITY – This claim occurs when you have a medical condition that precludes your from engaging in substantial gainful employment, regardless of the cause of your condition, for a period of 12 months or more. SSDI benefits are available until you reach your full retirement age, at which time it converts to a regular SSA retirement. This is a temporary benefit that exists so long as you’re unable to work. 

DISABILITY RETIREMENT – This claim arises when you are a member of a public retirement system. Each County maintains a retirement system such as SBCERS, VCERA, LACERA, KCERA, TCERA, etc.; and so does the State of California (CalPERS).  This monthly benefit is available for those employees who suffer a medical condition that permanently incapacitates them from performing their usual duties in their job classification, without or without accommodation.  There are two types of disability retirements, non-work related and work related.  There are significant and substantial financial differences between the two types of disability retirement claims.

The law firm of Ghitterman, Ghitterman and Feld helps employees in the areas of workers’ compensation, social security disability, disability retirement, personal injury, labor and employment issues. Founded in 1956, the firm now has offices in Santa Barbara County, Ventura County, Kern County, Tulare County, and Fresno County. The firm is proud to continue this tradition of securing all available rights for the injured and disabled in our community. For more information about what we do, how we might be about to help, or resources, see our website at www.ghitterman.com.