Legal Question in Workers Comp in California
uninsured workers comp case
I was injured over a year ago loading a truck and smashed my right thumb. I got a lawyer and he filed all the uninsured paper work but my employer then fired me for filing is this just adding more to my case. I had to file for disability and took a huge pay cut. My lawyer tells me that's all I can do. I am currently waiting to get surgery on my thumb they sent the request in over 5 months ago and it still not been approved,I have two hand specialist requesting the same thing to be done. My lawyer said it's a waiting game. I am stuck with a thumb that is no use to me and my savings are depleting and I'm unable to pay my normal bills. I ask should I look into another lawyer or is he just following protocol? I am afraid the longer I wait less chance of a full recovery of the injury. My second question is, after my case is completed with workers comp, can I fill a civil case against them? or do you even think I have a civil case at all? Need some advice and yes I have contacted my lawyer but he never calls me back!
2 Answers from Attorneys
Re: uninsured workers comp case
I happen to do alot of uninsured employer cases. Yes, it is a waiting game. if you are receiving State Disability there are no more monetary benefits that you can receive now. However, if you need the surgery, your attorney can request "discretionary benefits" from the Uninsured Employers Benefit Trust Fund (UEBTF) They must be joined and there is alot of paperwork that needs to be done (i.e. employer must be personally served documents, you must obtain an order from the Workers' Compensation Appeals Board) and several other procedures must be followed. Find out if your attorney does UEBTF cases. If so, he/she knows what they are doing, and it is a waiting game. If your injury is recent it should not be too difficult to serve the employer.
However, sometimes there are many owners and the company uses different names. This makes it difficult to "personally serve" the owner.
Feel free to call me and I can give you further advice. I do not charge for consultations.
my email address is:
my other email address is:
Good Luck!
Samuel L. Salazar
617 W. 7th St. Suite 402
Los Angeles, CA 90017
Re: uninsured workers comp case
I happen to do alot of uninsured employer cases. Yes, it is a waiting game. if you are receiving State Disability there are no more monetary benefits that you can receive now. However, if you need the surgery, your attorney can request "discretionary benefits" from the Uninsured Employers Benefit Trust Fund (UEBTF) They must be joined and there is alot of paperwork that needs to be done (i.e. employer must be personally served documents, you must obtain an order from the Workers' Compensation Appeals Board) and several other procedures must be followed. Find out if your attorney does UEBTF cases. If so, he/she knows what they are doing, and it is a waiting game. If your injury is recent it should not be too difficult to serve the employer.
However, sometimes there are many owners and the company uses different names. This makes it difficult to "personally serve" the owner.
Feel free to call me and I can give you further advice. I do not charge for consultations.
my email address is:
my other email address is:
Good Luck!
Samuel L. Salazar
617 W. 7th St. Suite 402
Los Angeles, CA 90017
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