Legal Question in Personal Injury in California

what would i do if i had a accident at work ang it not like ather accident, my was skull damage ang half of the brain was crash anh look like it call skull fracture but i been in pain for three month however i had went to doctor but it just keep in pain , i had been good in couple day , i had a lawyer but i cant talk to her rith now because im still in pain, my question is cant i sue worker com for all what i had lost memorry finacial or my mind even what i had been lost for three month in pain?


Asked on 10/05/11, 11:03 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

For any injury at work, you should promptly file a Workers Compensation claim, and get proper medical treatment. It is paid for by the company's insurance. Sounds like you need to talk to your attorney to help you right now. If you can't get help from her, then call the local Lawyers Referral Service to get names of other attorneys near you. Do not delay.

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Answered on 10/05/11, 11:27 am
George Shers Law Offices of Georges H. Shers

I am sorry that you suffered such a major injury. if the accident happened at work and only co-employees were responsible and it was not caused by a defect in some product used at work not manufactured by your company, the you are limited to WC as a remedy. There is no money paid for pain and suffering accept to the extent it results in a permanent disability. You are only paid TTD while off work but once you return to work or are released to work or your condition reaches a level of maximum improvement the TTD ends and you should receive permanent disability advances. Your lawyer should have told you that; you can e-mail your attorney. You are entitled to free medical treatment for treatment of the injury, including medications. but the PD will only be for the decrease in your ability to compete in the labor market measured by physical restrictions. There is a long table that covers what amounts of PD percentage are awarded for what type of disability. There is no award for loss of memory or pain unless it limits your physical functions so as to reduce your working ability. You need to get your attorney to explain what you are entitled to. There are web sites and books such as from Nolo Press that explain the benefits is layperson's language.

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Answered on 10/05/11, 11:36 am


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