Legal Question in Workers Comp in California

Your odds are substantially better if you retain counsel. Please contact my office at 1.877.INJURY, and go to my website to learn more about my services. I will give you a free consultation.

You're ODDS?? 50/50 ! Either the Adjuster will investigate the old claims/surgies or she won't, and either she'll accept liability or she won't.

You don't need to "sue".

You NEED to file a Workers Compensation Claim Form. You need to explain the injury occurred over a period of months (do NOT go back further than one year).

That handing-over of the Claim Form starts your Comp Claim. No suing needed.

Then, either the adjuster will accept responsibility or she won't.

If she obtains records on your old surgeries, she would likely deny responsibility, but she might just do nothing for 90 days, and that makes it an accepted claim.

You write you had 2 surgeries. Did your health insurance pay for these? If so, you doctors and surgeon billed your insurance for NON-WORK RELATED INJURY. Their bills all have a box to ask "Is this related to employment??" and their staffers always check "NO" so they get paid.

If the adjuster asks about your doctors for the past 10 years, you do need be honest about the surgeries because its a crime not to disclose those.

If you had a good surgical result and were able to do this job and did it for 4-5 years until the complaints returned, most adjusters would accept that claim.

If you had a lousy surgical result and kept going back to the doctor in pain and tingling with grip loss and you only worked for this company for 3 months before the pain got unbearable, the claim will be denied.

Hope that helped.

It depends on many factors such as your job duties, length of time you have been employed by this company and prior injuries. Feel free to call us at 213.388.7070 for a free consultation.