Legal Question in Workers Comp in California

workers comp for pain only

In April of 2005 faulty heavy equipment (know by my employer) broke off and crushed the side of my foot. My pinky toe was crushed into 10 pieces and I was in extreme pain. The problem is I am still in alot of pain...so much that it is affecting my marriage, my quality of life and my current job as I am a union laborer and must stand all day on my feet. I was told by two Calif attorneys that because of our Governor pain is no longer a valid reason as a cause for a case...Something must be done I cant live like this...I cant even wear shoes that fit because of the pain...Is there any recourse?


Asked on 12/30/05, 3:05 am

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: workers comp for pain only

I am both an applicant's and a personal injury attorney and it appears that there are a couple of issues. First, although you�re in pain, a little toe does not produce much disability. However, there may be other issues that are impacting your ability to work such as your quality of life, marriage, etc. In your case, I would include a psyche claim with your foot injury since your current state of mind stems from the pain as a result of your work related injury.

Next, you may also have a third party suit against the company that owns and/or maintains the machine that broke your toe. Although small toes generally do not produce much disability, you are continuing to suffer pain and suffering as well as other losses, etc. This would probably be worth much more than your comp claim. Notwithstanding, you can file them both at the same time.

I recommend that you contact my office or send me an email ASAP. Hiring an applicant's attorney will not cost you any money out of pocket.

My office phone is 818.385.0520.

Best regards,

David B. Lupoff, Esq.

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Answered on 1/04/06, 8:14 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: workers comp for pain only

I recommend that you file a formal claim before the WCAB and schedule an appointment with a podiatrist to get some shoes that allow you to work.

If you need assistance you can contact the WCAB for a list of applicant attorneys or make an appointment with the Information & assistance office.

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Answered on 1/03/06, 7:57 pm


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