Legal Question in Workers Comp in California

You need to keep bugging your attorney until he/she gives you all that information. If you can not get a reasonable response within 2 weeks, tell the attorney that they have 5 working days to respond fully or to turn over your entire file to you, without any charges, and teminate their representation, waiving in writing any right to attorney fees. Because of teh realatively low amount earned per case in WC, many WC firms turn into mills where there is very little contact bwtween the attorney and the client.

Once you have reached maximum medical improvement, a permanent disability rating should be established, which will also give you, by looking at a PD payment table, the number of weeks you will be getting those benefits. It normally is a stupid idea to settle your award for future medical treatment; keep the life time ability to have the treatment paid for by the WC carrier. You might be entitled to vocational rehabilitation also.

If your boss fired you because he read that you had a serious WC injury, as opposed to stating that the company had no position available that fell within your physical abilities, he has violated the law and penalties can be imposed upon the employer. Also, be sure that you have not lost any retirement , sick leave, vacation, paid holiday, etc. benefits. An injured employee is supposed to be treated as though they were still on the job wihout having suffered a work injury. If your current attorney has not discussed any of the above with you, fire them now as theyare incompetent, lazy, or both.

not proof read