Legal Question in Workers Comp in California

What is a reasonable amount to ask for in W/C settlement with a company? I'm 41, make $75K/yr and had a neck injury (QME will be next month). My doctor cleared me to work (no restrictions) after 1 year disability, but the company doesn't want me back likely due to future liability with my neck. No way I can make that $$ anywhere else so I need to understand what is reasonable to ask for in order to resign.


Asked on 5/31/17, 12:45 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

You soooooooo need a lawyer, a certified specialist in workers comp law. IF you an prove you were fired for requesting workers comp benefits, you get (1) reinstated with all back wages and (2) a possible $10,000 fine. A company that fires you when you are returned to full duty with no permanent work restrictions for no reason -- FOR NO REASON -- commits a misdemanor crime and has to re-instate the injured worker into their job. But they will claim they fired you for good cause, so there will need to be trial, and you will need a lawyer that isn't afraid to try a 132a violation (most attorneys refuse 132a cases, so make absolutely certain when you talk to lawyers that they have tried 132a violations in the past and they are happen to try another).

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Answered on 6/02/17, 6:25 pm


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