Legal Question in Workers Comp in California

workers compensation

i was hurt at work on 03/26/2007 i torn ligament in my wrist. had surgery to repair and Dr. made mistake causing more damage to my hand and wrist. switched Dr and have had 2 surgerys to try and repair damage, now im told i need another surgery. Dr said 3 mo recovery time but i only have 2 months left of temp disability payments, and Ca. state disability denined me benifits.

could i sue the comp carrier and force them to pay temp disability until i am healed, since this surgery is needed to fix the first surgery.

i have an comp att. but is useless. wont even return calls

any ideas what i can do to have the surgery and still be able to pay my bills while i recover

this 4th surgery is wrist fusion


Asked on 2/05/09, 7:29 pm

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

Re: workers compensation

State disability should have no basis to deny your benefits if you have a physician stating that you are injured and unable to work. Medical malpractice claims are usually found for defense. However, you may wish to speak with an attorney who handles malpractice cases to see if you have a claim. Lastly, you cannot sue the insurnce company for following statute. You need to speak to the legislature to change the provisions regarding limits on TTD.

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Answered on 2/06/09, 12:34 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: workers compensation

If you are in Southern California Contact us.

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Answered on 2/05/09, 8:13 pm


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