Legal Question in Workers Comp in California

You have a very serious injury and there are a lot of issues involved with your case. Without knowing more, or seeing a report, I cannot answer your question. If you are represented, demand a meeting with your attorney and review your case with him/her. If you are not represented, please contact my office at 1.877.505.INJURY.

Mr. Lupoff is correct that you probably do need an attorney specializing in workers' compensation cases; the normal Board awarded fee is 9-11% of the value of the permanent disability amount. Be careful not to get trapped into using a firm that is so busy that the attorney will not speak with you except essentially just before any appearance at the WCAB. Since WC attorney's work on a relatively low overhead [a personal injury attorney would get more than three times the fee], they have to rely upon their secretaries and para-legals to handle most of the client contact.

Unless the WC carrrier is going to offer a large amount of money for future medical treatment, which they will not, do not do what most injured employees do, make a settlement of the entire case. You can settle all issue and retain the right to future medical treatment, which can be very costly and might not be covered by any medical insurance you now or may have in the future. Also, be sure when they use the occupational adjustment for the permanent disability rating that they look at all of your actual job duties; being rated as a manager versus someone who has to occassionally lift heavy trays, clean up, etc. can mean several thousand dollars difference. You also want to be sure that while off work you did earn vacation and sick leave time as though you were working, did not lose any work experience or hours used to calculate seniority, etc. Much of WC law is rather straight forward, but there are some wrinkles many attorneys, including those who handle WC do not know or press for their clients.

My advice is based upon my having been mainly a defense attorney for WC cases. Good luck.

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With the QME report you are entitled to a settlement for permanent disability. If you are experiencing insomnia, depression due to your serious injuries, you are entitled to seek treatment and per determination of a QME in psychiatry you mey be entitled to additional settlement and future medical care in psychiatry. Feel free to call us at 213.388.7070 for a free consultation.