Legal Question in Personal Injury in California
Believe this is more than Worker's comp
I was injured at work, upper back injury, four years ago and my employer accepted the claim as workers compensation. When I went for an EMG and nerve studies, it was discovered I had bilateral carpal tunnel syndrome that at the time was asymptomatic.
My employer, a Southern California government entity, then spent the next two years denying the carpal tunnel syndrome and repetitive motion injury claims until such time as I was wearing splints on both hands, and finally underwent surgery on one hand this past August, 2002 and have scheduled surgery for January 2003 on the other hand.
Had my employer treated me, rather than denying the claims, the carpal tunnel would not have gotten as painful and as extensive as it got. Since I returned to work, my employer has decided to accept the claims for carpal tunnel and repetitive motion.
I do have an attorney for the workers compensation claims but he does not respond to my questions about whether or not I have a personal injury case, a tort, bad faith case or what.
I would appreciate any information here on where I go from here.
Thank you.
1 Answer from Attorneys
Re: Believe this is more than Worker's comp
Generally, injuries that occur during your employment are only compensible through the worker's compensation system. Some exception exist (such as where another employee engages in conduct so far removed from their job as to be outside their "scope of employmen"). However, based upon the facts you give, it would appear that you are stuck with a workers compensation claim.
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