Legal Question in Personal Injury in California
why is it so hard
why is it so hard to find a personal injury lawyer to take a case when there is a workers comp case in progress
3 Answers from Attorneys
Re: why is it so hard
It should not be hard if there is a defendant in the picture that is not the employer. Worker's Compensation is really the employer protection act. You cannot sue your employer for an on the job injury. But, if your injury was caused by defectively designed or manufacture equipment or by a third party's negligence you can sue them. If you think there may be someone to sue other than your employer, call me and we'll talk about it.
Re: why is it so hard
Having done personal injury, workers' Comp., and W.C subrogation cases, I would agree with both attorneys who answered you that it is not hard and it is probably because there is no one but your employer who may be at fault. Many attorneys who primarily do WC cases also handle civil suits because there is a higher attorney's fee involved in the latter.
Re: why is it so hard
As Mr. Roth aptly points out, you need something or somebody causing the injury OTHER than the normal part of the job--assuming no product defect caused the injury.