Legal Question in Personal Injury in California

You are entitled to permanent disability benefits based upon the reduction of your ability to compete in the labor market, which would include the amputation. You are entitled to those benefits but the employer does not have to offer you a lump sum settlement payment, but rather can just pay the benefits out over the statutory time [once you die, the benefits stop, if you are still receiving them at that time]. You might have a cause of action for medical malpractice, but if you pursue that course and there was malpractice by the treating [not just examining to write a report to the carrier] physician so that you do get a settlement offer, make sure your tort attorney understands WC rights of subrogation as if you get say $100,000 for future treatment, then the comp. carrier can just refuse to pay any of your medical benefits until you exhaust the $100,000 on medical bills.

I am sorry that you have been so badly injured. I hope that you have obtained expert opinions as to what treatment is needed. I would think that an infection developing hints strongly at malpractice. If it was knee surgery at Kaiser I would not be surprised.

I have a case exactly like yours. However, because of the quick response by our office, luckily, they were able to save my client's foot.

The insurance company was at first denying treatment for my client's infected foot (bone). I immediately filed for an expedited hearing, and finally, the judge forced the insurance company bone up the authorization to treat his foot (bone) infection. Just in case there was further delay however, we had a doctor who was ready and willing to treat my client�s foot on a lien basis. It is true that since this kind doctor was outside the MPN, his report might not have been admissible, but we did not care. It was more important to save my client's foot first, then worry about admissibility later.

My office also has several amputee clients. The litigation on these cases is very sophisticated, and requires a professional. I would be glad to give you a free consultation of you contact me at 1.877.505.INJURY (4659)