Legal Question in Workers Comp in California

I never filed for workmans comp because I was intimidated by my employer. I ended up having surgery, was on temp disability, then employer didnt hold job for me, and I ended up on Social Security Disabilty. This was appx10 years ago. I am still having pain & suffering. Is there anything I can do?


Asked on 3/09/14, 9:20 am

1 Answer from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

1) The statue of limitations for filing a claim for harassment is probably gone

2) There are no awards for pain and suffering in workers compensation

3) If you received temporary disability, not EDD or state disability, and the employer paid for surgery you can still file a claim for WC benefits. In fact, you may be entitled to wage loss, TTD, from your last date of employment. However, depending upon your age, there may be an offset against social security benefits. Needless to say getting treatment under workers comp is always difficult.

In sum, you need to realistically weigh any WC benefits against problems surfacing in your social security benefits, especially if you actually settled your WC case and forgot about the settlement. It happens more than you think.

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Answered on 3/09/14, 1:38 pm


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