Hayward, CA asked in Workers' Compensation for California

Q: Must I Have The Surgury?

I have been on workmens comp total temporary disability since March of 2017 . I was seriously injured at work and among other broken bones shattered both of my kneecaps I had a temporary emergency surgury at the time and now I am on the last of a series of injections and physical therapy I am better than I was but I’m still unable to walk without difficulty and i am still in pain when I do walk . The ortho specialist after reviewing my MRI “s said this really looks like a case for total bilateral knee replacement . The shots are going to provide some relief but it’s not a miracle cure . But because of my relatively young age ( late 40”s ) ihe also advised me to hold off on the total knee replacement until absolutely necessary as the surgury is only good for about 10 years . My Question :How can workmens comp settle my case and find my disability permanent and stable if the treatment may be several years away ? Can I be forced to have the surgury now if my choice is to wait?

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2 Lawyer Answers
Domingo R. Castillo
Domingo R. Castillo
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Pomona , CA
  • Licensed in California

A: You need look for a workers compensation attorney who specializes in that field. Make sure you meet with the attorney, not a paralegal or secretary. You can look up CAAA, Calif Applicant Attorney Association and ask for a list of attorneys near you.

Steven James Foster
Steven James Foster
Answered
  • Workers' Compensation Lawyer
  • Chico, CA
  • Licensed in California

A: They cannot force you to have surgery now, but I would strongly suggest you contact a local attorney to help you with your case. You can look at the CA State Bar and CAAA web sites to get a list of attorneys to call.

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