Legal Question in Workers Comp in California

Hello

I got sick and injured on my job. There was a hernia discovered. The employer put me on work comp. The hernia was repaired but the pain that was on my total left side remained. The insurance was stoped after the hernia surgery. The remaining pain was said to be that of a injury I had years earlier. My issue was that it was something else. Even though it was part of the same area it was totally different. The case went on for many years unseatled. A AME doctor said I was making the systems up, dishonest and what no worse than several years earlier. In the mean time I felt like I was dieing and was crying for help. I was geting sicker and thought I would die. The case was heard in 5/07. The AME bye his report saw that I was not compensated for what I was saying was wrong. My family doctor stay with me and kept looking for what was wrong. In March of this year I was sent to the hemotologist and after weeks of blood work and consultation on what I had been experiancing for years, the results came up to a blood disorder. My Platelets and White cell count was very dangerously high. I arrived at the Cancer Clinic just short of a Stroke or Heart attack. I had Essential Thrombocythemia. A blood disorder that can be triggered by being in the environment of Industrial Chemicals, solvents. This is what I did in my employment. The Hemotologist stated there was nothing false about my claims after the weeks of blood work. They were all systems of the disorder. Nothing to do with a pervious injury. What can I do to get compensated for my injury? A appeal, Medical Malpractice, Legal Malpractice, File a Comp appeal.


Asked on 9/02/09, 1:56 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

For something like this you need to file a civil suit, as well as a comp claim, so you should seek an attorney who does both comp and civil. You need an enviornmental attorney or advocate for toxic torts. However, these types of civil cases are very difficult and extremely expensive because so many experts are involved, so choose your attorney carefully. Unless you can get a contingency agreement, you will probably not be able to proceed. I suggest that you make a list of all the chemicals you were exposed to. Then see if the MSDS, material safety data sheets, list any of the symptoms your your specific type of illness. If the data prove supportive, you will have a much easier time finding an attorney to represent you.

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Answered on 9/02/09, 10:36 pm


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