Legal Question in Workers Comp in California
Occupational Exposure to HIV
I was infected by HIV as a result of an occupational exposure during the performance of my duties as a Correctional Peace Officer. Workers Compensation (SCIF) has accepted my claim and offered me a 59% permanent disability rating ($53,000.00 and medical for life). I have since been given an enhanced industrial disability retirement from the CA Dept of Corrections as a result of my diagnosis of having full-blown AIDS. I was on my deathbed when I was initially diagnosed but my health has improved with the use of medications. The HIV has mutated and become immune to 4 different medications and I am not sure how long they will be effective. The Doctor has given me 5 years to live. I feel that I deserve a higher disability rating. Is 59% a fair assessment of my work injury?
2 Answers from Attorneys
Re: Occupational Exposure to HIV
The offer made by SCIF does not sound at all reasonable to me. If you would liek to discuss your claim with me..Call me at 949 856 0852
Laurie Allread
Attorney at Law
Re: Occupational Exposure to HIV
If you have only been rated by the insurance company doctor, then you are at risk of a low rating due to conflict of interest. You need to obtain representation to be referred to an applicant friendly doctor. I would think that you would prefer a lump sum payment of 2 or 3 times the amount offered rather than the stipulation in which they pay bi-weekly, and which you may not have the time left to recieve the total amount. The worker's compensation system is very adversial. The insurance companies will get away with anything they can. They will pay you the minimum on your claim unless you obtain representation to protect your interests. The worker's compensation insurance companies have attorneys, why don't you? Attorney fees are limited by law to 9% to 12% of the final settlement or award. Call me directly at (619) 222-3504.
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