Legal Question in Credit and Debt Law in California

In need of help,

I was injured at work in November 2013 with a progressive trauma of a acetabular labral tear in my left hip as well as osteoarthritis . The company I worked for saw me in pain for 5 months,(from November 2013 to March 5th 2014) limping around and did nothing but fight me when I filed for workman's comp after going to the ER and not being able to return to work. On top of that I was terminated 4 weeks later even though I have been disabled. I was working as a bartender in the San Francisco bay area and have been told I will never be able to work in my career as a bartender ever again due to my injury, a career I have been investing in for 10 years.

I am in need of a hip replacement and I am 32 years old. I have the help of a workmans comp lawyer but the attorney is telling me that I cannot sue for loss of wages or even obtain the full amount of the surgery unless I want try to battle this out for 2 years (its been 1 year so far) . The defendants IC denied the case after I asked for another her QME panel.

I cannot walk due to my condition getting worse since I have gone without treatment since September 2014 and I am in a sever amount of pain. I am being forced to settle for $99,000 which is not nearly enough to even pay for the surgery I need and live during recovery . My state disability is running out in 2 weeks and I will have no other income so I have to take the settlement.

My question is.... I have been told about whats called a commercial lien. If my workman's comp case settles, can I place a lien on the restaurant for:

*Loss of wages

*Pain & Suffering

*Never being able to work in the same industry ever again

*Causing more pain and injury due to neglect of treatment

If I can how do I go about obtaining the lien ?

1 Answer from Attorneys

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