Legal Question in Workers Comp in California
do I need a lawyer?
i was injured on the job. I have had to have surguries on both of my feet. they were unsuccesful. My doctor has said that i will always have pain in my feet and be unable to stand or walk for any distance. I am right now receiving money from the state as disabilibity. the workers comp. company in 2005 paid me 17,000. this was prior to the surgury and the doctor knowing that it wouldn't get better but worse. I have been told by many people that the workers comp company should be paying me money because it is now determined to be permant and getting worse. I am going to go through retraining for a desk job through the state. the doctor has told the state that the case is permanent and will get worse with time. there is no other treatment i can have as we have done everything that can be done. I am very confused on what I should do and very scared. should I talk to a lawyer in my town or leave everything as it stands?
1 Answer from Attorneys
Re: do I need a lawyer?
You need to collect all of the paperwork you have and go to a local experienced WC attorney. I have no idea if the $17,000 was a settlement of the entire case, whether you can file a petition to reopen for new and further disability, why the WC carrier is not offering voc. rehab as they are required to [and pay temp. disability comp. rate while you are going through it]. The attorney will get 10-11% of the [additional] permanent disability.
I was a WC defense attorney for many years. You definitely need to get an applicant's attorney.