Legal Question in Workers Comp in California

Re: compensation for injurey

You need to file a new claim and application and are entitled to new compensation for permanent disability if your situation is worsening by more than 10% of original rating(which is a term of art). Call us at 213.388.7070 for a free consultation about your case.

Re: compensation for injurey

labor code 5410 limits the time an employer is liable for temporary disability to five years from the date of injury. However, you may be qualified for one year of state disability since you did go back to work.

If I were a defense attorney i would certainly challenge the fall as related to a worsening condition of your previous injury. You need a medical opinion to substantiate this. Otherwise, you may have incurred a new and distinct injury, in which case the five year statute does not apply and another insurance carrier may be responsible for benefits. You should probably seek an attorney due to the complexity of litigating atainst two insurance companies.