Legal Question in Workers Comp in California

i feel my attorney did me a great diservice. I have struggled along after injury trying to get voc. rehab . and have been forced to start my own bisness which has never worked out . they settled and left my med open. I have to take strong p meds to handle daily activitys. no employer will hire me even though I have alot of experiance due to meds. they act all ready to hire me up to the urine screen.This problem has bankrupt me. my settlement was next to nothing. I asked my lawyer to find out the amount they are willing to pay to buy out my medical on three seperate ocations he has done nota. is there anyone who could look at my case to see how bad i got screwed or if theres anything I can do at this point as far as voc rehab ? both my case worker and lawyer ignore me. one last thing . my dr ordered a drug screen which for some reason wc never paid it and it has killed my credit . I really need some help its to late im sure.


Asked on 5/05/11, 1:24 am

1 Answer from Attorneys

Alison Gude, Attorney Law Office of Alison J. Gude

First of all, I want to make sure you are talking about a California workers' compensation case, since your area code is for Cave Creek, AZ.. Assuming it is, injured workers cannot force the insurance company to buy out your right to future medical care, otherwise known as settlement by Compromise & Release.

With regards to vocational rehabilitation, unfortunately the California Legislature under Governor Arnold Schwarzeneger abolished an injured workers' right to vocational rehabilitation if you did not use your benefits before 12/31/2003.

Did your doctor bill the workers' compensation carrier for the drug screen? He or she should have if the drug screen was related to the care for your industrial injury.

I do not know if it is too late to help you. That depends upon your date of injury. I strongly suggest that you contact a California workers' compensation attorney for a free consultation. I would be happy to speak with you.

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Answered on 5/05/11, 3:22 pm


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