Legal Question in Workers Comp in California

what's next?

I am on WC since 1/2006. My doctor said I could do modified work. But I had no job to go to since they fired me on the spot, the same week I had my accident at work.What I am supossed to do? If I look for a job I feel I am liability to my new employer since I have limited movement. If I sit I have to stand up often or move around and I have to be careful not to hurt myself.If I walk mor stand up for more than one hour my back starts hurting.I never had this problem before and I was the more productive in my job. I am going to chiropractor as ordered but I am a 60 years old women and it takes more time to get in good shape again if I ever get.I have to tell prospective employers that I am on WC and that I have restrictions. On top I have my age disadvantage. They also see someone on WC as a stigma. I don't know how long they will keep paying me or when the hearing is going to be. Any idea that could help me?


Asked on 7/11/06, 2:37 pm

2 Answers from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: what's next?

I agree that you probably need an attorney and should seek to file a 132(a) petition. However, vocational rehabilitation benefits are not substantial since the new legislation and retraining at your age is questionable. Perhaps you might consider filing for social security if you have other issues that prevent you from returning to work.

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Answered on 7/12/06, 11:16 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: what's next?

You may have a good grounds for a petition for penalty against your employer under labor code 132 (a) for terminating you while you are on disability. Although the petition may not get your job back but gives you more compensation until you find another job. If your doctor releases you with restrictions, there might be jobs available that would accomodate you. You may be able desk work only or light duty work and etc.,. In addition you will be very likely qualified for vocational rehabilitation and you can get training paid by your employer for different type of work that will meet your needs. I highly suggest that you retain a worker's compensation attorney and let him or her handle your case. Call me at 213.388.7070 for a free consultation about your options.

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Answered on 7/11/06, 7:52 pm


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