Legal Question in Workers Comp in California
Worker's Compensation
I have been at my job Merchandising for a major apparel manufacturer for 10 years. I have developed tendonitis and chronic sprains in my wrists as a result of the repetitive motion associated with it. I am now involved in a Worker's comp. claim. I have been through 2 mos. of physical therapy,which has helped somewhat and my company is providing me with 40 hr pr wk assistant to do my job (I am allowed to supervise only). So far so good but I don't feel that I will be able to go back to doing my job again without putting my self at personal risk of further injury regardless of what the doctor will eventually determine. So far, he just keeps saying come back in 30 days. It's been 6 mos. since the claim was filed and I really just want to be done with it so I can move on and look for another job that will be less phyically demanding. My question is what happens to my claim if I resign from my job before it is resolved. And what will most likely be the next steps/determination by the insurance company for someone like me who may not be able to do the job they were doing but is capable of getting other employment? My employer has already indicated there are no other positions within the company to offer me. I am in the state of CA.
1 Answer from Attorneys
Re: Worker's Compensation
Your no longer working for the employer at whose work site you were injured has no effect upon your WC claim except that you might now be entitled to vocational rehabilitation benefits. You should find out from the physician if there is a way to return to that type of work--wearing some wrist brace, avoiding certain movements, etc.
By definition, every injured employee is able to work somewhere else unless they are 100% disabled. So the carrier assumes you can work elsewhere and certainly will not accept any Dr.'s report saying you are unable to work any where. Look around now to see what the job market is for you before resigning. All sorts of other factors might reduce your chances for a different job than your injury.
By law, the amount of an experienced WC attorney fee is set by the WCAB at between 9-12% of the permanent disability award. You should find an attorney who is experienced and will return your calls. They are likely to increase your ultimate money recovery by at least their fee. But many of them deal in high volume so have a very low level of contact with individual clients.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
