Legal Question in Workers Comp in California
Injured during old laws!
I was injured and filed on old CA workmans comp. Doesn't this over ride the new CA Workmans comp. law? And shouldn't it be settled under old workmans comp. laws?
2 Answers from Attorneys
Re: Injured during old laws!
Normally the date of injury controls which law applies. If you do not have an attorney, call up the claims adjuster and ask why they are using the wrong version of the law. It might be a simple error on their part. First make sure which version is best for you.
Re: Injured during old laws!
If you have a medical report dated prior to 1/1/2005 indicating that you have permanent disability, then you have an argument, however, in many cases you may be able to negotiate a higher settlement, if you raise than as an issue. Call us at 213.388.7070, if you need representation.
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