Legal Question in Workers Comp in California

I was assaulted at work by a customer who thrust his forearm into my chest after I had tried to do my job and dissipate and alleviate the situation. The diagnosis of the injuries by the doctors I have seen are closed head injury, chest contusion, upper back contusion, and sprained knee/other injuries to knee. It is now three months I have been out of work due to doctor's recommendation and I am seen by an Orthopedic specialist and receive physical therapy to rehab my left knee 3 times/week. The only compensation I am receiving is workers comp. Do I have a strong case to sue the individual and/or my company to seek further compensation for these damages?


Asked on 10/19/09, 2:35 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

The person who struck you may have some exposure, but without knowing more, it would be impossible to discuss the strenght of your case against this person.

Please keep in mind that a lawsuit against the individual who struck you could result in a credit for the defendant in your workers' compensation case. This means that the workers' compensation carrier can deduct from your final workers' comp settlement what you recovered from the individual who struck you.

If you would like a free consultation, please feel free to contact me at 1.877.505.INJURY.

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Answered on 10/19/09, 2:45 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

You have a solid worker's compensation case. You are entitled to temporary disability benefits, paid medical treatment, a settlement for permanent disability, future medical care and vocational rehabilitation. We are experienced worker's compensation firm and we have cases statewide. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 10/21/09, 8:27 pm


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