Legal Question in Workers Comp in California

I injured my back while transferring a patient in the ER, I'm a Rn who has been injured numerous times in the same ER my supervisors have refused to report the additional injuries that have been witnessed now they have used my payroll punitively and cancelled my paycheck and direct deposit in retailiation due to the fact that I whistleblew that they are not reporting work comp injuroes that occur to their nurses on the job I have now lost my medical benefits and I shou;d be getting worker comp benefits. The first injury was automatically accepted by Tristar they are responsible. The ER I work for isa corrupt La county one. Please advise me to what my next action should be.

Asked on 9/14/13, 12:13 pm

2 Answers from Attorneys

Nancy Wallace Nancy Wallace Atty at Law

LaborCode 132(a) states discriminating against a worker for reporting a work injury is a misdemeanor crime. PROOF of the discrimination act equals a 50% increase in the permanent disability award and reinstatement.

Your FIRST action should have been to secure an Attorney who is a certified specialist in Workers Compensation. Costs you nothing up front, and they only get 15% of the final recovery at the very end... Certified Specialists pass and extra bar exam just in workers comp, and they cost exactly the same as the clueless TV 'fight you you' guys (who do nothing).

INSIST ON AN ATTORNEY WHO AGREES TO FILE AND PERSONALLY SERVE THE 132A PETITION. most won't. Attorneys sign up clients every day then --- after you sign -- they tell you you'll need a different attorney to write and prosecute and 132a petition... so get the agreement to prosecute the 132a violations up front before you sign anything.

You'll need witnesses, and lots of them. You'll need believable people in a supervisory position who didn't get fired (so the judge won't think they are testifying against the county to retaliate against getting fired).

The 132a trials I've won had a retired middle manager (or two) no longer active with the employer but who left the employer on very good terms...when such a person testifies that they saw workers discriminated against each time they were injured, the judge really listens.

Try the County Bar Association or California Applicant's Attorney's Association, and focus on a Certified Specialist who will write and serve and prosecute the 132a Petition when you call (and shorten your story to "I have an accepted spine injury with Tristar and the county violated LaborCode 132a firing me when I reported a new claim, and I need a specialist to promptly hand both" --- that's the Haiku version of your situation.

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Answered on 9/14/13, 4:00 pm

Like Most worker's Compensation cases you may have a claim with combination of accepted body parts and disputed body parts. You need to claim all of your injuries and probably file more than one application and claim against your employer (for each date of Injury). Feel free to call me at 213-388-7070 for a free consultation.

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Answered on 9/15/13, 11:29 am

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