Legal Question in Civil Litigation in California

Holding my employer responsible for bankruptcy after they denied medical attenti

I was injured at work on June 23,2003 and have been denied medical attention. I have obtained a Workers Comp. Attorney to overturn their desicion and am currently on State Disability awaiting the outcome. Since it has been determined that I need five seperate surgeries on my hands, it has made it difficult for me to earn an income and impossible to pay my credit card debt, let alone my day to day bills. My attorney informed me that I only have a few more weeks to file additional claims against my employer and he doesn't handle bankruptcy issues. Can I hold my employer liable for my bankruptcy due to failure to supply medical attention? I kept working the last few months until my inability to perform my duties, due to my employers decision, and the condition of my hands has deteriorated.


Asked on 6/02/04, 2:47 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Holding my employer responsible for bankruptcy after they denied medical att

Under WCAB rules, if you were injured on job, your remedy is your Comp claim. Denial of benefits is also covered by WCAB rules and penalties that your WCAB attorney should discuss with you. Your personal financial problems are not seperately grounds for action.

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Answered on 6/02/04, 2:55 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Holding my employer responsible for bankruptcy after they denied medical att

Defenitely..you can file for BK.

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Answered on 6/11/04, 10:31 am


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