Legal Question in Workers Comp in California

I hurt my lower back at work its been an out going situation for almost two years my workers comp doctor said I was going to live with this and that it was never going to go away. im 24 years old have never had a child, this has been my only job and now I cant do a lot of activities I used to. They fired me after my last claim closed (they opened and closed my case several times). Can I sue for medical benefits and a monetary compensation?

Asked on 11/10/10, 8:13 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You can not sue in civil court as Workersd' Compensation is tthe exclusive remedy. You can only collect WC benefits, which do include loss of earnings and medical treatment, plus permanent disability pay. If you were released to return to work and then fired, you might have a penalty claim.

You need to hire an experienced WC applicant's attorney that you feel comfortable with. You might be able to get a substantial award; the attorney would get 9-12% of the permanent disability award, but I do not think you could handle this by yourself.

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Answered on 11/15/10, 11:38 pm

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