Legal Question in Civil Litigation in California

You are not "entitled to a workers comp attorney". You can certainly get one, and with a knee injury you probably do need one, depending upon how bad the injury is as you might need surgery at some time. The lawyer will be paid a percentage, about 9-12%, out of your permanent disability award, but is prevented from law from charging anything without the WCAB's approval.

WC is a no-fault system; for being absolutely liable for any injury suffereed on the job, the employer is given the protection that except for a few circumstances clearly spelled out, the injuried employee can not sue the employer or co-employees. You case does not appear to fall into one of the exceptions. Afterall, your GM is not a physician and probably has no idea if you could continue working or if it would worsen your knee condition. He would argue that it was clear that you could not work, why did you not stop yourself? If this type of additional claim wre allowed, then the volume of claims would significantly increase, especially as to claimed aggravations of pre-existing injuries/conditions.

Your compensation will be covered under exclusive remedy of worker's compensation laws and therefore, you really can't file a civil lawsuit against your supervisor. However, You are entitled to a paid treatment, temporary disability benefits, a settlement for permanent disability and vocational rehabilitation. We are experienced worker's compensation law firm and have cases statewide. Feel free to call us at 213.388.7070 for a free consultation.

Unfortunately you exclusive remedy is through the workers compensation system, because you were on the job at the time of the injury. George is right you need to get your own workers comp lawyer as you will not be given one or have one appointed for you. If you belong to a Union usually they have preferred counsel, but make sure you get to a lawyer today.