Legal Question in Workers Comp in California

Re: ca workers compensation

Without more facts, none of us can give an accurate answer. If your injury is one in which they is no real dispute as to what are the physical limitations [you lost so much motion in your arm, decrease in vision, etc.] you probably do not need an attorney or your own medical examination. If it is a back injury, different physicians wil come up with different opinions as to what your work restrictions are [no heavy lifting versus light work, etc.] so you would need another medical opinion if the Dr. who wrote the report that you were rated on is conservative in his evaluations or missed some key problems you have. You could see an attorney in your area who specializes in WC cases and show him the report ad ask if he/she can do any better for you. An honest, experienced attorney who knows that Dr. should be able to tell you fairly quickly if you have much of a chance of getting a higher rating.

As is, the WC insurance carrier should be writing you a letter stating how much in permanent disability they will be paying over what period of time. If you are wiling to make a complete settlement of your claim [Compromise and Release] they would pay you a lump sum of money, but in general they will only include perhaps a few hundred dollar for future medical treatment and you should, unless you hate the system and do not want to be part of it or have your own medical insurance that definitely will take care of this industrial injury, not give up your right to medical treatment for such as small sum of money. The WCAB does have an individual to give advise to unrepresented injured employees. Good luck.

Re: ca workers compensation

I am an experienced worker's compensation attorney. I generally recommend that you get examined by an impartial and neutral medical examiner called AME who would examine you and would review all the relevant medical records and based on his expertise would rate your disabilities. Without all the facts, it is impossible to advise you whether 28% rating is fair or not. Another major issue is that you need to negotiate and settle future medical treatments. Feel free to call my office at 213.388.7070 for a free consultation.