Legal Question in Workers Comp in California

I recently received a knee injury while doing community service work with Caltrans. I have been seeing a doctor at their clinic under workers comp for 4 weeks, and have only just gotten approval for an MRI. This injury was caused by another community service worker, while doing labor I don't think they should have had us doing. I have suffered a work place injury once before and did not pursue legal action, and after 5 years am still in pain. A knee injury could affect my ability to walk for the rest of my life. Can I file a personal injury lawsuit after I have already had medical bills paid by Workers Comp?


Asked on 7/17/11, 10:44 am

2 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

No. If you have an accepted injury that is work-related, due to exclusive remedy theory, you may only sue caltrans for worker's compensation which in many instances better than a personal injury case, because you are entitled to paid medical treatment, temporary disability benefit and a settlemnt for permanent disability and future medical treatment. Feel free to call us for a free consultation.

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Answered on 7/17/11, 11:26 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

No. If you have an accepted injury that is work-related, due to exclusive remedy theory, you may only sue caltrans for worker's compensation which in many instances better than a personal injury case, because you are entitled to paid medical treatment, temporary disability benefit and a settlemnt for permanent disability and future medical treatment. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 7/17/11, 11:27 am


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