Legal Question in Workers Comp in California

ive been working as a waitress for about two years I noticed my right leg bothering me a lot especially my knee, told one of my bosses about it they suggested nothing. My knee gets very swollen and it hurts for me to be on it for a long period, when I ask to take a break they say no were not busy that I don't need one this has been going on for awhile now . Well two months ago I couldn't stand it any more I went to the emergency and I have water in the knee since I don't have insurance I don't have a primary dr.. they put a brace on me told me to go back to work after a few day I did my boss had me doing so much it wea unbearable. My boss told me if I was going to be missing work he would have to fire me I have bills to pay, rent now I was stressed I went back to the dr and now have bals palsy damage of the nerves. He took me off for a year I also want to say how he would harass me by saying how stupid I was for taking wrong orders and so on


Asked on 4/21/14, 2:07 pm

2 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You need to retain an attorney who would file a claim for worker's compensation benefits that cover temporary disability benefits , ongoing medical treatment and a settlement for permanent disability and future medical care. Feel free to call me at 213-388-7070 for a free consultation

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Answered on 4/21/14, 3:05 pm
Nancy Wallace Nancy Wallace Atty at Law

BEFORE you are fired -- post-termination comp claims are usually non- compensable -- FILE the DWC Form 1 Workers' Compensation Claim Form immediately ... You will state on this form that from April 2013 through April 2014 you have done prolonged standing resulting in a Continuous Trauma injury to the right leg (say LEG not just knee). Get the completed form to the boss in a way you can prove he actually got it... faxing with a fax transmission report is perfect (Priority Mail with a tracking number is ok too). FAX this completed Workers Comp Claim Form to the workers compensation insurance company noted on the 'Hurt At Work' poster at the workplace (it's likely there, just hunt around for it). AND GET A CERTIFIED SPECIALIST ATTORNEY in YOUR neighborhood who knows the doctors on the insurer's official list near you... going to the 'fight for you" TV attorneys will get you their chiropractor who will get zero treatment approved and zero temporary disability checks issued.

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Answered on 4/22/14, 11:43 am


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