Legal Question in Workers Comp in California
I've been employed for almost 13 years with this company. About 3 years ago at work my knee started getting swollen to the point that I could not walk so I called the store and told them about my knee and the owner told me that he does not have insurance for us the nobody's ever gotten hurt and he does not know what to do. So I ended up going to the emergency room was given like 10 steroid shots in the knee i at the time didn't know what those injections were. After all that happened I was given a $10,000 bill by the hospital and the store told me that they are not responsible that I had to pay the bill. So three years pass so two weeks ago now I started getting my knee swelled up like last time so now my employer decided to send me to his insurance doctor put me on light duty cause of the swelling knee said that it looks like there's some damaged cartilage calls of the swelling me said that it looks like there's some damage cartilage Dr it's waiting for the knee to get normal size to get some cat scan done. Now I'm working at the store driving the company's truck picking up materials for the store making minimum wage. Before I was an installer getting paid what's called piece work. Working with my own van and my tools for the store. So there is a huge huge difference on my payroll check. My question to you is is there anything I can do. Thank you. This company has been voted number one for five straight years for installation now for orange County
3 Answers from Attorneys
It appears that you might have a claim for workers comp. please contact my office at 1-877-505-4658 for a free consultation.
Based on what you are saying, it appears that there are things that you may be able to do. I have an office in Huntington Park right next to your zip code. You are more than welcome to come in for a free consultation. Please call me at 323-584-6644 to make an appointment.
You blew the Statute of Limitations on the 3-yr-old claim---MAYBE. There would have to be some writings documenting you made crystal clear the knee problem was the result of the job (something a lot more than 'my knee hurts' or 'I'm staying home because of my knee'). Yes, you can file a Continuous Trauma claim on the Workers Compensation Claim Form, DWC-1 RIGHT NOW before another injury date gets too late to pursue. Whether a company is 'number one' or number 112 has no bearing on anything. Getting minimum wage IS a violation of Labor Code 132a making discrimination against injured workers a misdemeanor crime... unless the insurer is willing to make up 2/3 of the difference. When you get a cut in pay due to light duty, you demand -- in writing with documents -- 2/3 of the missing wages as Temporary PARTIAL Disability. That means if you received $1200/week before the light duty (proven on check stubs) and now you are paid $600/week, you demand 2/3 of the missing $600, that is $400 due as Temporary Partial Disability. You provide evidence of the pay before the claim and after the light duty with that written demand, and send it by fax to prove the adjuster got it (never ever use certified mail, it's a rookie move and there's nobody signing at the PO Box).
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