Legal Question in Workers Comp in California
Pain and suffering compensation workman's comprehension
Due to a work injury, I was off work for seven months with migrain headaches and couldn't stand light or sound. I was paid during that time. I sat in the quiet dark for 7 months! Am I entitled to compensation for time and suffering? ( I also had to postpone already scheduled knee surgery. I am still walking on a very painful knee). Do I need a lawyer? The initial injury occured in Sept.2007. Is ther a time limit for filing?
2 Answers from Attorneys
Re: Pain and suffering compensation workman's comprehension
Your predominant injury I guess is the knee injury and you have a stress related-headaches,insomnia and etc, as a part of you knee injury. You need an attorney to represent you and correctly include all physical injuries and related injuries including your stress-related injuries.Feel free to call us at 213.388.7070 for a free consultation.
Re: Pain and suffering compensation workman's comprehension
If you were paid, you have already receive compensation. The decision to delay knee surgery was yours to make, thus you cannot hold the employer liable.
The time limit for filing a claim is one year from the date of injury, so I suggest that you file immediately. There are circumstances where the statute of limitations is tolled, but it is better to be safe.
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