Legal Question in Workers Comp in California

On The Job Traffic Accident-not at fault

2/20/07, In a traffic accident while working for the police department(non sworn). Not at fault. Had a minor concussion, back/neck injury(soft tissue-whiplash type). I missed the next 2.5 months of work, then released back to full duty-in spite of constant pain. i have missed more time intermittently due to pain. I was told by a workmans comp attorney that because of new laws, I have no claim-except treatment...What can I do? Another attorney (I do not have one-yet) told me to file a personal injury claim. I'm confused. I'm working now-in pain, but doc says i may have to live with the pain for the rest of my life. I know I waited a long time to look into getting an attorney, but what are my options at this point. No one seems to be able to explain to me what the process for something like this is. The company handling the workmans comp stuff for the city is trying to get me to a QME as soon as possible and of course is doing everything to push me to work.


Asked on 8/02/07, 8:46 pm

2 Answers from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: On The Job Traffic Accident-not at fault

Was there a MRI of your neck? A X-ray? If so, what does it reveal?

The other attorney is correct if there are no objective findings. Soft tissue is considered subjective.

I might be able to do something. Until I review the medical reports and the facts it would be impossible to give you an accurate answer.

If you live in the Los Angeles, Orange County, and Ventura areas, please feel free to give me a call for a free consultation at, 818.385.0520.

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Answered on 8/09/07, 10:18 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: On The Job Traffic Accident-not at fault

For your Worker's Compensation case, you probably need to change your doctors and receive examination and diagnostic testing such as MRI. Thereafter, I recommend a AME by a fair and impartial Doctor. You also have a good third party case against the driver of the other vehicle. We represent clients all over California. We can handle both cases on contingency basis. Feel free to call us at 213.388.7070.

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Answered on 8/10/07, 5:13 am


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