Legal Question in Workers Comp in California

Is this all I get But Wait.

I work at a well knowned fast food place. Injured 2-4-04.Primary docter says $14,000.QME $40,000 with on going medical (lower back) Workers comp wants to settle $22,000 no medical.Am receiving $622 a month Advances on my Permanant Disability. I have a Permenate Partial Disability. Is this all I get? I can't stand or sit for very long, I can't walk farther than 6 car lengths and back because of the pain. I'm doomed for life. I worked over 6yrs I get hurt at work and It's all too bad heres a couple of dollars and live a long life as a homeless bum. I deserve more than this. What do I do? Do I need a lawer?


Asked on 7/07/05, 4:11 pm

2 Answers from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Is this all I get But Wait.

First off, I assume it was your doctor (PTP) that opined you at 40k, and the QME that opined you at 14k. I is very rare for a defense QME to rate higher than your own PTP. Anyway, it seems like 22k for no meds (C&R) is too low based upon the ratings. You did not mention whether you are a Qualified injured worker for purposes of vocational rehabilitation.

Bottom line, never do this type of case without a lawyer. In workers comp. We are limited to a 15% cap on contigency, which is well worth the extra money and benefits you could get out of your case.

Get a lawyer!!

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Answered on 8/30/05, 10:15 pm
David Lupoff Law Offices of David B. Lupoff

Re: Is this all I get But Wait.

This is exactly why people hire attorneys. Determining how much an injured worker receives is a very complex process. It involves the age of the worker, the occupation, level of disability, etc. Those who try to handle their own cases usually get taken advantage of by the defense. It's all about paying the injured worker as little possible. As such, you are probably entitled to more compensation. Please give me a call at 818-943-0462 and I will be glad to set up an appointment to discuss.

Best regards,

David B. Lupoff, Esq.

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Answered on 8/30/05, 10:51 pm


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