Legal Question in Workers Comp in California
workmans comp injury
hello sirs, my question deals with an cumulative injury I sustained at work. I was working as a newly hired customer/sales representative, when I was recruited, my manager knew that I would need a headset, so I would not have to use the handheld device all day. I would memo the supply-line manager on a daily basis, he deferred this purchase for months. I requested this item for weeks, now I have two cervical disks out of place, and I need a cervical anterior discretomy done, I have been laid off, and now I hear that the supply person never intended to buy the devise anyway. what are my options, including negligent intent.
1 Answer from Attorneys
Re: workmans comp injury
WC is a trade off in that without any fault an employer still has to pay benefits to his employee if they are injured on the job, but in return they can not sue the employer or fellow employee [a few special exceptions]. So, no you can not sue in civil court the other employees/managers, etc.
You have to find out if the WC carrier is accepting your injury as being a job aggravation of a pre-existing disease. If not, then the will not pay you for any time off work, pay your medical bills, etc. If they deny your claim, you probably will have to g to some experienced WC attorney to handle your case.
Good luck.
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