Legal Question in Workers Comp in California
October 2010 - I fell at work on a cement down ramp that was cluttered with acorns.
Went to the ER at UCD where I was examined and xrayed. I was told my wrist could be fractured and to return in 2 weeks for another xray. The ER docs put a splint on me.
When I went to work the next day I was told I had to go to a WC doctor. Went to hand specialist with WC that told me it probalby was not fractured and to not wear the splint. Went to a primary WC doc at us healthworks, where they told me to do PT. I kept telling them it hurt alot and was told to have another xray. Finally in December 2010, they did an MRI which revealed 2 fractures in my right wrist and severely torn cartilege and a ganlion cyst. Sent me back to the hand specialist who performed surgery on to removed the torn cartilege and cyst in Jan 2011. I am still having pain, stiffness and weakness in my wrist and hand. I'm 53 and will work until I'm 62. I am concerned about my ability to continue later on down the road with using a mouse as I work on a computer most of the day. My question is should I try to get compensated for this?
I did not miss too much work as I just toughed it out.
2 Answers from Attorneys
In my opinion, yes, you should. Any money you get from the workers' compensation insurance carrier is based on your level of disability. You should have received temporary disability benefits when a doctor took you off work. Once the doctor indicates that you have reached a level of maximum medical improvement, you are entitled to a permanent disability award. I strongly encourage you to speak with a workers' compensation attorney in person. Initial consultations are free and the attorney is paid out of your settlement, not out of your pocket.
The fee is set by the judge and is generally between 9% and 15%. Go to www.caaa.org to find a workers' compensation attorney in your area and make an appointment.
The only reasons not to seek benefits is if you think your employer will take it out against you. But you have a legitimate injury and seem to be a hard worker who may have future physical problems, so it is doubtful the employer will be biased against you. They already know you suffered an injury. You do not have to file a formal claim for five years so I would suggest you do speak to some WC attorneys and see what they can do for you that you can not do yourself.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
