Legal Question in Workers Comp in California

My girfriend was on workers comp for for 10 years, they almost drove her to lose her mind let alone she almost tried to kill herself 2 times. She, finally against her doctors wishes and this is documented that did not want her settle because workers comp was holding up the last operation she was supposed to hgave she settled with workers comp. And noiw she is in worse shape then before is there any kind of help she can get any where. the settlement money is all gone she used it to pay the last 10 years of bills she accumalated. She can not look for workj because she is in so much pain. Can she collect ss or something? She is not a scam artist her injuries are real and she was pretty much left with no other decesion then to settle or she would have lost her house. How does a young woman at the age 40 when she was injuried reenter the business world at 50 and make it? She could no longer live on 424 every 2 weeks living inb CA and workers comp only made things worse. I know it is proably to late for her with any type of recourse she settled last May with workers comp and now she is almost broke in painand about to loose everything. Is there any help you or advice you can give me to hepl her at all?


Asked on 7/25/10, 6:31 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

It may be a little harsh because the WC carrier may have delayed some treatments, but the first thing is that she must be more realistic. The WC carrier did not cause the initial injury; if they fail to provide timely care, there are alternatives available. If her condition was not permanent and stationary at the time of the settlement, the WCAB judge should not have approved the settlement, but it is difficult to imagine any injury not having reached the level of maximum improvement within a few years of the injury.

If she was represented by an attorney, she needs to speak with that attorney to find out whether the settlement was valid, what can be done about it, what other benefits might be available, etc. If she did not have an attorney, she needs to see a WC specialist to see what can be done about the settlement. She definitely can apply for Social Security disability benefits and there might be some additional employment benefits her company offered.

Read more
Answered on 7/26/10, 2:31 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California