Legal Question in Workers Comp in California
My employers Ins. Company is not paying me on a timely basis.
I was injured at work on 2/13/06. The hospital is understaffed and at the time of my injury did not a ''lift table'' for our patients.
The animal I was working with was in a surgery room and done with it's procedure. I asked the supervisor four times to have another employee come into the surgery room quickly because the animal was going to wake up from the anesthesia. Finally the supervisor sent in another female co-worker. I asked for one more person because the dog weighed 110-120lbs. No one else was available. As we were lowering the animal to the ground my co-worker dropped the head end of the dog. I caught all 110-120lbs of the dog. When I stood up I knew my back was injured. I went to the emergency room
My back has not gotten any better and I have had an MRI since and it showed I have two ''protruding discs.''
Their insurence company has not paid me since April and it is now June 2.
The doctors I am seeing are not controling my pain.
My job had offered my a bonus and raise which I did not get due to my injury. The new position went to another co-worker.
Should I hire an attorney? Is my job liable for not having proper equiptment and enough staff?
Can I sue the ins. co. for not paying me in a timely mannar?
1 Answer from Attorneys
Re: My employers Ins. Company is not paying me on a timely basis.
UPON REPORTING TO YOUR SUPERVISOR, YOU HAVE TO FILE A CLAIM AND WCAB APPLICATION AT THE WORKER'S COMPENSATION BOARD. YOU MAY BE ENTITLED TO TEMPORARY DISABILITY, PERMANENT DISABILITY, PAID MEDICAL CARE AND PROCEDURES,VOCATIONAL REHABILITATION. DIFFERENT PETITIONS IN ADDITION TO WHAT DESCRIBED ABOVE MAY BE FILED IF YOUR INJURY WAS CAUSED BY A SERIOUS AND GROSS NEGLIGENCE OF YOUR EMPLOYER. I HIGHLY RECOMMEND THAT YOU OBTAIN PROFESSIONAL REPRESENTATION RATHER TO DO THIS ON YOUR OWN. CALL MY OFFICE AT 213.388.7070 FOR A FREE CONSULTATION AND DISCUSS YOUR CASE FURTHER.
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