Legal Question in Workers Comp in California
I am currently on WC nearing the end the doctor that there is nothing more he can do for me at this point. I have had 4 surgeries 3 on my rt leg one on my rt shoulder for a badly torn rotator cuff.My rt leg was broken in a total of 6 places 3 in tib 3 in fib. tib now has a titanium rod from the knee to the ankle in the center of the born and the fib has a long internal titanium bracket joining it to the bone with screws. my injury was do to falling off a roof about 8 ft onto a deck while doing a re-roofing job in June of 2009 one doctor for the shoulder one the leg and a 2nd doctor i was referred to by the insurance company. He preformed the 4th surgery in my knee to relieve joint mobility issues after pt the out come was unchanged and i was released from his care and possible down the road knee replacement was discussed. what I am looking for it what to expect in insurance offering and at a ruff dollar amount is fair and what dollar amount seek an attorney. I know attorneys have been somewhat removed from this process because a WC must approve all settlements to make sure they are fair. so what number should i be looking for and what number do i seek help. my current state is unable to climb a ladder or easily climb or descend stairs.
3 Answers from Attorneys
It is impossible to tell without looking at the doctors' reports and see what disability they have given you.
Decades ago I did WC defense full time. Mr. Saedi is correct and not just trying to get you to see a lawyer. The rating is based upon the work limitations stated by the Dr.'s report, adjusted for age and occupation. Physicians often do not use the precise rating language needed and sometimes they can successfully be asked to add additional restrictions. Your own description of your disability, for example, fails to mention weight lifting restrictions, how long you can sit before you must get up because your leg hurts being in one position, degree of pain on certain activities, loss of range of motion, loss of range of motion, etc. You could yourself submit the reports to the Board Rating Bureau, without these clarifications, but that would likely result in a much lower rating.
I would suggest you call numerous applicant's attorneys ans see if you can work out a reduced fee agreement for them to handle the rating aspect of your case and settlement with the WC insurance carrier. An attorney is not allowed to charge you a fee without the WCAB approval so you can not just hire an attorney and pay him/her a few hundred dollars for an opinion. And no attorney can give you an opinion without spending an hour or two reviewing the medical records and speaking to you.
Also, you need to investigate as to whether there is any civil tort liability as to the home owner or the contractor if you were not an employee of his but of a subcontractor. Most tort lawsuits must be filed within 2 years of the date of the accident.
Both attorney's are correct. You have very serious injuries, and traveling down the workers' comp road by yourself is not a road well traveled. I am a workers' compensation attorney in the Los Angeles area, but I represent clients state wide, depending.
I would suggest that you contact either me, or another applicant's attorney to assist you. And finally, it is impossible to give advice on a claim without reviewing any medical reports.
David B. Lupoff
1.818.385.0520
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