Legal Question in Workers Comp in California
HELP!! I was hurt at work May 2011. I crushed my heel and had 11 screws and plates. Recovered and went back to work. I had terrible pain due to rubbing bone on bone of the ankle. He had another surgery to fuse. I am back to work. I have been released from surgeon and had my final eval from W/C doctor to close my case. The insurance co. has not closed and came to an agreement. My question is..I need to relocate back to Oregon to my previous job. When I did return to my current job and where I am now...company I was hurt at was not giving me all my hours.So I have no choice but to go to work back at my previous job in Oregon. What is the process now, do I have anything to lose. Since I am released from Doctors is it OK to move on. Future medical is being asked for and insurts for work boots. I have no choice as I can't rely on full time work here. If I leave my current employer now before an agreement will I lose and kind of compinsation. Should I hire an attorney. I just want to move on. I am better now. Can I leave my job now before Insurance Co had came to a conclusion?? Thank you..Please HELP ME!
1 Answer from Attorneys
You should have (1) hired a certified Specialist attorney by now --- it's just 15% of the final recovery, an incredible bargain, given you're getting 100% of NOTHING so far -- then (2) tried the case to a conclusion for a final order.
You HAVE the choice to sue under California Labor Code 132a for discrimination for the lost hours. If you are getting reduced hours because you requested Comp benefits, that's unlawful discrimination for having asked for benefits. LC 132a says you get your lost wages.
If the hospital just cut everybody's hours, that's NOT discrimination, just a staffing reduction.
Leaving the employer does not wipe out your comp benefits.
Leaving California makes your Comp Benefits pretty impossible to use.
No doctor in Oregon knows how to write a REquest For Authorization.
So no doctor in oregon can get you any of your future medical treatment.... you'll end up paying cash for everything you need.
The help you need is a Certified Specialist Workesr Compensation Attorney. THE ATTORNEY CAN GET YOU THE HIGHEST AMOUNT possible to settle out all your future medical rights, and you can pay cash with that inj Oregon AFTER you resolve the case.
Most times, the attorney needs to flle for a trial to get the adjuster to hike up the offer to the highest sum. You can't do that on your own.
INSIST on an attorney with experience with !32a Petitions and insist the attorney your hire file a 132a petition to recover the lost hours.... you can settle it at the end if there's limited proof or dismiss it voluntarily if there was no discrimination, but if it isn't filed you get zero for losing all those work hours.
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