Legal Question in Workers Comp in California
Legitimate WC Claim, Wrongfully Terminated while on WC, Treating w/ MD, Mulitipl
In 8/99, was injured on job,taken to hospital,woke up in ER, on life support equiptment, employer was present, have had complication since the above date and tried to find out who ins.carrier,and recieved letter from them, and with a phone number to call,which i did and never recieved response from at least 50 phone calls in regards to my health issues, then they sent letter to cut off claim as time was running out, got attorney, he sent me to doctors, the diaabled me as he found me not able to work,and since then, not knowing the owner was selling property, her son was supposed to be me the supervisor,he fired me while on Workers Comp,did not pay me wages,I got an Award Jugdgement against them from State Labor Board on my own, and have had 13 epidurals,1 edoscopy, 4 more surg.thatwhich over 100 injections we given to relieve pain in back, and needing more, now still treating w/md, and yet my salary with apartment was 2275.00 a month, and was recieving State disability of 127.00p/wk,ran out 2months ago, and treating,still and no TDP,and had 2 seperate workplace injuries in between the time of the first reported injury, and yet no money from insurer, whatis my recourse explain,is my lawyer doing something wrong here.
1 Answer from Attorneys
Re: Legitimate WC Claim, Wrongfully Terminated while on WC, Treating w/ MD, Muli
Unlike an injury claim, a 132(a) wrongful termination has to be filed within one year, thus you may have lost that issue already. I am surprised that your attorney has not asked for penalties relating to non-payment of benefits. They can be substantial, especially if compounded. I am somewhat confused about the two new injuries, as you should not have been working per your statements regarding treatments and disability. Also confused as to the money issue, $2275 /m. You can switch attorneys fairly easily and Law Guru is supported by an applicant firm.
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