Home > Research Legal Advice > Personal Injury > Can I file a new wc case though I have one in the settling stage?will it...
Asked 4 months ago - Oakland, CA
Flaghave a case open from injury 2010 and been off since just got QME rating of P/S and psy rating of 45% , rt to another lite duty job after 2yrs and got same r hand slammed in elevator door by client(intoxicated) 3dys later got fired for giving another client change for quarter for laundry and terminated me for giving him money was the reason. The ins. states no evidence on camrera though I have proof from emg room contusion of r hand same injury arm Im afraid to file this case will it effect my current case which is close to settlement, and do you think my termination was legal or bull I gave client change I never given any money its against rules any advice
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
There are many factors which will affect your claim but if you we're injured during your course and scope of employment you should document your injury with your employer. Being terminated complicates that process but you should attempt to notify them if you haven't already and document your attempts.
You should consult with a Workers Compensation attorney and a Labor and Employment attorney. Best case scenario would be a Firm who handles both but you need legal guidance.
Good Luck.
Yes, when you have a NEW injury it is acceptable to file a new DWC1 Employee Claim Form for the new injury (yes, even when the old one isn't resolved quite yet).
Your problem will be that it will be denied as a post-termination claim... file it immediately. It will likely be denied, but there are ways to oppose that.
The longer you think about filing it, the more it will appear to physicians and the judge you weren't really hurt but you are getting madder at the employer...most of your question looks like you are more angry than hurt, so you may want to change the focus.
I WOULD WAIT about 4-5 months before filing the Application to get a WCAB Case number on the new claim, so if the adjuster/defense attorney do a 'case search' at the WCAB there will be only one active claim for you. BUT DO SUBMIT THE DWC1 EMPLOYEE CLAIM FORM IMMEDIATELY if you haven't already.
Of course, with your 45% 'rating' on the initial claim, you would be wacky not to have a certified workers comp specialist attorney helping you.
