Legal Question in Workers Comp in California

I am 44 yrs old mother of 4, my youngest is 12yrs. I was injured at work 5yrs ago, and have been off since. I was diagnosed with post traumatic concussion,

chronic pain with damaged muscles and nerves to the neck, depression, anxiety, and sleep apnea, and insomnia. I'm in constant pain frequent migraine headaches, muscle spasms in the neck, and list goes on. I'm still being treated. I have been declared 51% disabled. My annual income was $45,000 and just 6 months shy of my union pension. I have lost all my benefits that my employer offered due to this injury. My question is what should I expect from this case at time of settlement? Do they offer me any amount for lost wages, pain and suffering including my injuries and the fact that I still have a 12 yrs old to provide for and cost of living. How does this work?


Asked on 7/16/12, 6:11 pm

1 Answer from Attorneys
David Lupoff Law Offices of David B. Lupoff

To begin with, you do not receive pain and suffering in workers' compensation. An injured worker might be entitled to permanent disability, future medical, and supplemental job displacement benefits.

With regards to the 51% disability, I am not sure if the 51% represents the whole person impairment, or, permanent disability. If in fact it represents the whole person impairment, then your report(s) must be rated to reach the proper permanent disability, which then translates to a specific dollar value. Next, if you reached the 51% while being unrepresented, then there might be a chance the 51% figure could be raised. I would have to know how they came to 51%. Was it given by your orthopedic primary treating physician? Did you go to an AME, a PQME? Is the 51% a combined value from different doctors, or only from your orthopedic doctor? These and more questions could be answered if you contact me.

However, if you are represented, it would be in your best interest to set an appointment with your attorney and have him/her answer all the above questions. If you are not represented, please contact me for a free telephonic consultation. 877.505.INJURY, and/or, check out my webside at www.lupofflaw.com.

Read more
Answered on 7/16/12, 8:32 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California