Legal Question in Workers Comp in California
Settlement for Injury? need help!
Hello, I got injured at work Three months ago,and have been resting at home since then.My injury involved having many of my disc to be hurniated, and one ruptured.My claim through workers comp was accepted immediatly after the first examination. The first month, the doctor that I saw basically put me on meds,and told me to stay off work for a month, only an xray was used to show them that somthing was defintly wrong. In that first month there were 2 follow up visits,every time I went the injury got worse, till finally I could hardly walk, then they did an MRI, witch told the Doctor's that sure enough I would need Surgery,ASAP. My doctors highly suggest that I don't return to being a truckdriver. So what am I to do to be able to make the money for my family that I used to. I know that eventually I will be cut from dissability pay. I would like to Know if I would be able to get a large settlment, that would allow me to live as I did before the injury, and also pay for colledge. I have since then thought of becoming a nurse, that maybe I will be able to give back to my community????
3 Answers from Attorneys
Re: Settlement for Injury? need help!
You raise the same questions many people have. What do I do when I am seriously injured and have to change occupations.
When the current governor forced the legislature to accept the insurance industry version of what they wanted to reduce workers compensation rates, workers suffered loss of benefits, delayed medical care and lowered rehabilitation benefits.
To reduce insurance rates the workers not the insurance companies lost money.
Even though some lawyers are leaving the field and some medical professionals are leaving the field because of the greater difficulty in helping injured workers, you should see a workers compensation attorney who can explain your options.
If you cannot get rehabilitated into a reasonable job and if your long term benefits are not very much, you should contact your legislator and tell him or her that the governor and the insurance industry hurt the workers and the law needs to be changed.
Re: Settlement for Injury? need help!
You are entitled to a temporary disability which is about 2/3 of your salary. In addition your injury should be rated for permanent disability and based on that you are entitled to a settlement and if you are a qualified injured worker you are entitled to Vocational rehabilitation.I highly recommend that you consult with a worker's compensation attorney and do not represent yourself, because insurance companies will take advantage of you in many different ways. Call us at 213.388.7070 for a free consultation.
Re: Settlement for Injury? need help!
You should be receiving T.T.D., which should equal 2/3 of your regular pay, up to the mid $800s.
Your case is too complex to give you a canned answer, but I encourage you to contact me at 818.943.0462 between 9:00 am and 5:00 pm to set up a free consultation.
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