Legal Question in Workers Comp in California

Have you been released? Feel free to call us at 213.388.7070 for a free consultation.

You have one year from the date of injury to file the claim, per the Labor Code.... whoever gave you that nov. 4 deadline must be addressing some other deadline.

YOU HAVE ALREADY 'FILED' THE CLAIM because the staff evaluated you and prescribed medication for a work injury.

The reason you cannot find an attorney is because you are -- in effect -- asking the attorney for work for free. The only physician who can evaluate you will be the prison-system physician, and he will write you fully recovered with no residual permanent disability ... and the attorney gets paid only if there is residual permanent disability.

15% of Zero = Zero, so we will actually lose money by taking your case. You'll have a tough time finding counsel eager to lose money.

That said, JUST REPRESENT YOURSELF. You're not real busy with anything else just now, you have access to the internet (or somebody in Yucaipa has internet access for you) and you've got virtually nothing to lose representing yourself.

Print the Employee Claim Form for Industrial INjury (form DWC-1 at the www.dir.ca.gov website) fill it out, photocopy it, hand it to your supervisor there, and write that you wish to see a Qualified Medical Evaluator, Panel QME... if you can get a Qualified Medical Evaluation by a physician outside the prison system and you actually sustained any residual permanent disability, THAT's the way to prove it and secure an award or settlement.

When you're done reading this, go read THIS HELPFUL FACT SHEET: http://www.dir.ca.gov/dwc/WCFaqIW.html

And here's that CLAIM FORM (creates jurisdiction...power by the Comp Board over your injury claim): http://www.dir.ca.gov/dwc/DWCForm1.pdf

AND HERE's the contact info for the INFORMATION AND ASSISTANCE OFFICERS, state employees who help workers represent themselves at the Workers Compensation Appeals Board (not attorneys, but well-versed in the system): http://www.dir.ca.gov/dwc/IandA.html