Legal Question in Workers Comp in California
Injury at work
I have a question regarding workers comp. On Monday November 6, 2006 I advised my manager that for about a month now I have had a lot of pain in my right hand, that it started on nights but I notice that it got worst when I was at work and I had to use the mouse, what she told me was that she would get with IT to change my mouse so that I would be more confortable and nothing happened. On Tuesday is when I do payroll, there was a mistake in my timecard, I told my boss it was a mistake I had an extra 8 hrs from the week before that I was out that day, because I am the one that does the payroll I always ask for someone to recheck my work because we all make mistakes, no one was there to do that so I submitted the payroll, after they say I had that mistake I was fired. Now my question is, do I have any rights now?? because nothing was done, my hand is still hurting and I know is work related, is there anything I can do? or because I don't work there any more I don't have any rights?
Thank you
4 Answers from Attorneys
Re: Injury at work
You have a workers comp claim whether or not you still work there, and you may have a claim for wrongful termination -- if you can show that the real reason they fired you was because of your hand injury. Feel free to contact me off-line. Good luck.
Re: Injury at work
Based upon your description of the facts, you have all the elements of a 132(a) (Comps version of a wrongful termination claim) and a workers' compsensation claim. Please feel free to contact my office at 818.385.0520 should you have anymore questions.
Re: Injury at work
You have so many replies that I need say very little. Unless you have a medical report stating that your injury is work related, you opinion means little, as you are not a physician. Further, since you are filing a claim post termination, you have a more difficult struggle and I suggest that you seek an attorney.
Re: Injury at work
You can make a claim under worker's compensation laws for injuries to your shoulder.If your termination was due to your disability, you are entitled to penalty under labor 132 (a). Please contact our office at 213.388.7070 for free consultation.
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