Legal Question in Workers Comp in California
I suffered a serious fall where i work and reside, my employer finally sent me to a clinic a few months ago. I have a fractured hip & pelvis and now need a full hip replacement. The insurance co. is denying my claim stating that it was caused by arthrithis,etc. I do a lot of strenuous work and continued to do with great pain until i could no longer continue. I'm in excrusiating pain, my left leg is 3" shorther than my right leg. I am a very active & strong person and have never had a broken bone or any other type of injury that would have caused this to be a prior injury. If my boss had sent me to the doctor when this first happened as i learned he should have then my injury may not have progressed as it has. I believe i am not getting the proper treatment and need someone to help me but am affraid of the consequences if i obtain an attorney. What are my options?
2 Answers from Attorneys
The danger you face comes from making a claim, not hiring an attorney who makes a claim on your behalf. Having been a WC defense attorney, I thlnk you have no choice but to hire a competent, but not nasty, WC applicants attorney. You can not do your former work so you will be let go anyway, you are not likely to beat the WC carrier without expert help, you may be able to collect some benefits from your employment even if the injury is not work related but that your employer has not told you about, etc.
You should retain an attorney who wil refer you to a doctor and if you are unable to work will take you off work and apply for temporary disability benefits. Even if you had pre-existing condition it doesnot mean your present claim is invalid. Feel free to call us at 213.388.7070 for a free consultation.
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