Legal Question in Workers Comp in California
I am 56, a truck driver for 30 years. With current employer for 11 years. I need total shoulder replacement on left shoulder now, will need it on right soon. My Kaiser orthopedic surgeon has told me in conversation this condition has been caused by what I do and is getting worse faster as I continue to work. I am at the point now where I cannot continue much longer because of the pain and bone deterioration. The W/C form asks about time, date and place of injury. I can't give an answer to that question. I was going to do this on Disability but now realize that I would have no protection after my 1st surgery. How do I answer these questions and is W/C the right way to go? Looking for answers and insight??? Peter Hone
2 Answers from Attorneys
Peter you should contact a WC attorney as soon as possible. They charge 15% of the total recovery, but it's worth it because you generally recover more with an attorney. By the way I handle Class action cases, and I have helped truck drivers who were not given appropriate lunches, breaks, were not paid for down time, and other issues. You can shoot me an email. [email protected]
Your injury type is called cumulative trauma or C.T. and you are protected under worker's compensation laws. The initial date is when your pain started and it may go back to an event or particular activity at work. Feel free to call us at 213.388.7070 for a free consultation.
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