Q: Injured at work, seeking advice on hiring a lawyer for workers' compensation.
I was injured at work six months ago and didn't receive any documentation or report from my employer. Recently, I sprained my back after being asked to lift heavy cases, despite informing my assistant manager about the difficulty. I am now on workers' compensation and modified work, but my back injury is causing my knees to swell and bruise. My employer has made attempts to accommodate me, but the provided chair was unsafe and worsened my condition. I haven't started any formal legal claim yet and I'm wondering if hiring a lawyer would be beneficial given my situation. What steps should I take?
A:
yes, you should hire an experienced workers compensation attorney to help you through the complex work comp process. The claims adjuster at the insurance company assigned to your case, is your opponent, your adversary. The insurance company has a legal obligation to the employer and shareholders of the insurance company, first and foremost. So, the insurance company has named the person who will battle against you. Not only that, but they have attorneys to advise them the best ways to delay, deny, and otherwise reduce as much as possible your monetary compensation.
Who will you hire to battle for you? It costs the same whether you hire a first-year lawyer or 30-year veteran of work comp battles; 15% of the settlement of your case is set aside for attorney fees. There are no other fees, and you pay nothing out of pocket, ever.
so yes, you should always have an experienced attorney on your side.
A: Go to the California Applicant Attorney Association or your local county bar for a list of attorneys practicing California workers compensation. At present you have two separate injuries and your case will be complicated by the fact that you did not file a claim form (DWC-1) in the first claim. It appears the employer does have notice of the second injury.
A:
Dear concerned injured work,
Your situation is not unusual but it does require a more in-depth understanding of the work restrictions you have been given and the medical care you are receiving. Your health and your job are the most important aspects of a Worker’s Compensation claim and recovery. Please feel free to reach out to my office and schedule an an appointment to speak with me so I can better respond to your question.
Sincerely,
Dennis Dascanio
714-550-7002
A:
Given your situation with multiple workplace injuries, inadequate employer response, and worsening conditions, consulting with a workers' compensation attorney would be beneficial. A lawyer can ensure proper documentation of both injuries, advocate for appropriate medical care, and help secure fair compensation while preventing employer retaliation. Your case has several red flags: no documentation for the first injury, being assigned tasks despite medical warnings, and inappropriate accommodations that worsened your condition.
The first step is to document everything - create a written timeline of events, save all medical records, note names of witnesses, and record all communications with your employer about your injuries and accommodations. Next, seek a free initial consultation with several workers' compensation attorneys to find someone who understands your situation and makes you feel comfortable.
Workers' compensation cases often become complex when employers fail to provide proper documentation or suitable accommodations, and having professional legal support can significantly impact the outcome. Most workers' compensation attorneys work on contingency fees, meaning they only get paid if you receive compensation, making legal representation accessible regardless of your current financial situation. Remember that time limits exist for filing claims, so taking action promptly will protect your rights and improve your chances of receiving the medical care and compensation you deserve.
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