Legal Question in Workers Comp in California
work injury negligence
I was injured 7/07. my company never reported the injury i was seeing their dr. until 1/09 and was just given ibuprofen the whole time never having any xrays. In 11/08 the injury was reported by the dr to workers comp. In 4/09 i was given an MRI the results were a cyst and 7.6mm tfcc tear. I feel my previous employer is negligent in not reporting it to workers comp and could have prevented my injury getting worse. Do I have a case of negligence against the employer. Help! Thank you!
2 Answers from Attorneys
Re: work injury negligence
Unfortunately it seems that you will be limited to worke's compensation remedies which are: paid medical care, Temporary disability benefits, a settlement for your permanent disability, future medical care (or a settlement for it)including future surgeries and vocational rehabilitation. So in a negligence case, you have to pay for all the medicals from your settlement and burden of proof is higher. Feel free to call us at 213.388.7070 for a free consultation.
Re: work injury negligence
Your employer may have broken the law. An employer must report a work injury to their carrier. With that said, I wouldn't apply the language, "negligence" to your employer.
I would be glad to give you a free consultation if you call me at 1.877.505.INJURY.
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