El Sobrante, CA asked in Employment Law, Personal Injury and Workers' Compensation for California

Q: Where can I find a personal injury lawyer for a work re!ated injury?

I did a workers compensation claim and settled that claim , but my injury still exist. I was diagnosed with chronic pain syndrome while dealing with my workers compensation claim which referred me to 3 different physical therapist for my injury.Recently I went to see a cosmetic surgeon to get a nerve damage test for my injured left hand and found I have a pinched nerve in my wrist.

3 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Unless your injuries were caused by some other person or entity other than your employer, you are likely going to be limited to seeking relief through the workers compensation process. All workplace injuries must be handled through that system. You need to consult with a workers compensation attorney to see if there is any way you can go back and seek additional assistance through that process. If not you may well be out of options. Filing a personal injury lawsuit is not one of them.

Good luck to you.

Nancy J. Wallace agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED

IF YOUR INJURY WAS WORK RELATED THEN WC IS PROBABLY YOUR ANSWER.

HOPEFULLY, YOU HIRED A WC LAWYER FOR YOUR CASE........IF YOU DIDN'T YOU PROBABLY GOT TAKEN ADVANTAGE OF.......CONTACT A WC LAWYER NOW TO SEE IF THERE IS ANYTHING IN THE SETTLEMENT THAT ALLOWS FOR FUTURE MEDS AND COMPENSATION.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: You may NOT pursue a 'Personal Injury' claim against an employer. The Civil Court judge will dismiss your case, as the Civil Code and the Labor Code make clear the ONLY remedy for an injury on the job is through the Workers Compensation Act of the Labor Code of California. ONLY if the employer steps out of their roll as employer and becomes some other person in the worker's life, like a doctor stops being an employer and becomes a physician instead, can you pursue Civil recovery against one who used to be an employer. If a person or corporation unconnected to the employer caused your injury -- that is, if a car hit you while you were on the road for your employer resulting in injuries -- then you could pursue Civil Tort action against the non-employer who hurt you. IF YOU SETTLED BY Stipulations With Request For Award and it is less than 5 years since the injury date, you may re-open the claim to show 'New AND Further Disability'. But if you signed a Compromise & RElease Agreement, you signed away your rights to reopen.

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