Legal Question in Workers Comp in California

Re: workmans comp denied

The question is, did you have any witnesses who saw you injure yourself? Did you report your injury? If so, to who?

Remember, the deft. does not want to pay claims, thus they use the following defenses:

1. You're not injured

2. You're not injured that badly

3. Your injury is not work-related ***

4. There are other past injuries contributing to your current work injury

5. You filed a claim after you were fired

#3 seems to apply. If you truly did injure yourself at work, you need to pursue your claim. Dropping your claim will make you look badly and may impact your credibility. However, if you did not injure yourself at work, drop your case immediately.

Did your attorney send you to a doctor or are you seeing a company doctor? If it is a company doctor, you should have your attorney find a doctor who he likes and is on the MPN list.

Good luck

Re: workmans comp denied

If the injury turns out to be non industrial, you should be able to get treatment on your own insurance plan. You will be entitled to state disability.

I suggest you write your attorney a letter addressing your concerns. Should there not be a timely reply, then you can either dismiss the attorney and represent yourself, or find another attorny who is more responsive.

The case will most likely be litigated on AOE/COE. Without some form of proof to substantiate your claim, the defense has a good case. However, if your testimony is credible, you should win. At this point you have nothing to lose as the case has already been denied.

Re: workmans comp denied

Your Attorney can request the board for a AOE/COE hearing. Your testimony and any other witness and written evidence such as any medical records like hospital records and doctor visits that can prove your case can be used as an evidence. i.e. suppose you immediately after your accident at work went to see your own doctor and told him that you fell at work. All such medical evidence can be used at COE/AOE hearing.If you need further assistance call me at 213.388.7070.