Legal Question in Workers Comp in California
17% Perm & Stat. RSI in hands, need info about next step
13 months ago, severe bilateral tendonitis in both hands, wrists and elbows eventually led to my needing to quit my job as a Digital Artist and find new work less strenuous on my hands. After 6 months of Occupational therapy and Celebrex, my doctor assifgned a permanent and stationary injury status of 17% to me. My base pay was $$77,000, and I have been offered approx. $9,800 as settlement. (I am 29 yrs old) My hands still hurt, prevent me from participating in many things I love, and limit my work options because even a few hours of keyboard work flares up the pain.
Do I have any legal recourse to get more than the measly settlement I've been offered, considering the damage that has been done? Is open ended medical treatment by my ex-employer likely? Are the new laws in CA going to help me get a better settlement? Should I wait for the new laws to be enacted before setteling this case?
Can I expect to get more money with an attorney than if I represent myself, and will that extra amount offset the 15% legal fees?
Thank you,
Mr. SoreHands R. A'Bummer
1 Answer from Attorneys
Re: 17% Perm & Stat. RSI in hands, need info about next step
You have asked five questions in a single session at Law Guru. Given that some of the questions require a complete grasp of new legislation and WC law, which always takes some time to be sorted out by the courts, I doubt you will receive many, if any, replies.
Given your age and the potential long term disabilities involved, it is in your best interest to seek legal advise. I strongly recommend against any settlement without aggressive and competent representation by an attorney certified by the State Bar as a WC specialest. Perhaps you can even find an attorney who will "unbundle." That means the attorney will only handle specific issues of your representation. It is not popular with most attorneys, but may save you some fees, since you have done much of the early work yourself and seem extremely concerned with fees.
For your information, the LawGuru web site is supported by a WC firm.
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