Legal Question in Workers Comp in California
Car Accident On The Job
In April of 2007, I sustained a car accident injury while working as a driver. I filed with my job the same day my worker's comp claim, as I was injured in my back and leg, and it took them 10 days to file the claim, instaid of the 1 day the form says they have. Since then, they have moved me to a desk, given me scut-work, belittled me for filing a claim, passed me over for my annual review with an explaination that they couldn't review me because of the pending wc case, and have also told me I'm going to have to take a pay cut. My doctor cleared me to resume driving 2 months ago, but they still have me at a desk, making much less money. My PR4 report has come through, I'm in constant pain, mitigated by drugs that make me sleepy all the time, yet my boss is now harassing me for being tired all the time, and I'm getting really stressed out because of all this. My attorney (wc) isn't keeping me in the loop, and State Fund cannot answer questions for me because I have hired an attorney. Can anyone help me? I'm suffering financially because of this, and have no idea where to turn.
1 Answer from Attorneys
Re: Car Accident On The Job
If you are taking medication that makes you sleepy you should not be endangering everyone by driving!
Call up your attorney and state that you must see him/her within the next 7 days because you do not know what is going on but the WC carrier and your employer seem to be violating the law, you are still in a lot of pain, your employer is discriminating against you for filing a claim so you have an additional basis for damages besides your injuries, and if the attorney does not have the time to see you what good are they for your case? If the attorney will not see you or just pushes you out the door, fire them [you have a right to fire an attorney even without any reason and it should not cost you any additional attorney fees].
If the driver of the other car was at fault, you can sue them in Superior Court.
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