Legal Question in Workers Comp in California

Re: back injury..what are my rights..

Why settle? If you still need active treatment it seems that you have not yet reached a level of maximum improvement so how can anyone tell what your level of permanent disability is going to be. You are entitled to temporary disability until you can return to work or your condition becomes permanent and stationary. Have they offered you vocational rehabilitation?

Were you on your wife's Kaiser policy before the accident? Then it is not a pre-existing injury. They will probably treat you no matter what but you can check with them without giving your name. But why give up your right to have medical treatment that you can control and is easier and faster to get than Kaiser? The WC insurance carrier is not going to offer you much money for giving up your future rights to treatment, so why do so? You can, when ready, settle all the other issues aside from future medical treatment.

Go to an experienced local WC attorney and find out if there is enough evidence to show that you were fired because of your WC injury, which is illegal, as opposed to the prior incident and if the firing was valid for that also. There should be no attorney fee charge to find out.