Legal Question in Employment Law in California

Hello,

This sound like a straightforward workers compensation claim. You should request a form at work to file the claim and/or contact a reputable workers comp attorney in your geographic area.

Thanks,

Arkady Itkin

You are entitled to receive medical treatment, temporary disability benefits, a settlement for permanent disability and future medical treatment paid by your employer. You don't have to apply to medicare or social security for any benefits. It appears that you are in southern California area, Feel free to call us at 213.388.7070 for a free consultation.

I assume, from your question, that this incident has been covered by workers comp and disability. In addition to the benefits described by Mr. Moheban, you may be entitled to additional damages (e.g., pain and suffering and losses not covered by workers comp or disability) if the accident was caused, in whole or in part, by the negligence of a third party (not yourself or your employer). An example would be a defect in the ladder that caused it to break (ladders are not supposed to break if used properly!), in which case you may have a claim against the manufacturer and/or the company that sold or supplied the ladder.

You should certainly discuss this possibility with Mr. Moheban or any other lawyer that you consult with.

Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the LawGuru website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Herb Fox, including but not limited to, an attorney-client relationship. The Law Office of Herb Fox does not and cannot warrant that any communication through the use of this web site is confidential, and by posting your inquiry you have waived confidentiality for the purpose of my response. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines

I certainly agree that if this ladder was defective and failed you would be entitled to pain and suffering damages from the ladder manufacturer, separate and above your work comp benefits. I would be glad to discuss this with you and of course there is no out of pocket legal fee to you. It is entirely contingent upon my ability on recovering on your behalf and come out of the settlement. By the way, if your employer knew or should have known that the ladder was defective or in an unsafe condition you might be entitled to an additional 10% penalty from your employer under the work comp provisions for allowing you to work in a dangerous working environment. You should consult an attorney. I hope this helps. Bob Worth (818) 222-2433