Hi i have a back injury wich requires surgery i went to the interview in july 2012 my attorney says workers comp denied my case

Asked about 2 years ago - Lancaster, CA

And am i entidled to recieve any weekly payments my attorney gives me the run around and never answers my questions can i take my case to a new lawyer my injury happened in febuary 2012 i have no money coming in i am practically homeles with my family

Attorney answers (4)

  1. Ruben Alonso Montoya

    Contributor Level 13

    6

    Lawyers agree

    Answered . Your attorney is letting you know that your case has been denied. This denial can be for many reasons, post-termination , AOE/COE, no medical evidence, etc... The attorney's job is to get your claim accepted by gathering evidence to support or rebut the defense claim. In regards to your question regarding a new attorney, YES you can get a new attorney, however getting a new attorney will not get your claim accepted immediately. Have a sit down with your attorney and ask him why your claim is being denied and what they are doing to get this accepted or what your options are.

    In regards to your financial situation. Based on this facts you need to apply for EDD while your claim is being accepted. Good Luck!

  2. Brett A. Borah

    Contributor Level 20

    4

    Lawyers agree

    Answered . If your case is denied by the workers' comp insurance company, if they have no liability, then they're not going to be paying you or your doctors. As Mr. Montoya suggests, you might want to be applying for State Disability to get some $$ coming in.

    The next question is what is your attorney doing to reverse the denial? You need to talk to him and find out what he's doing to get this thing on the right track.

    Good luck.

  3. George Ellis Corson IV

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can usually collect State Disability if you have worked in the past and any doctor finds you unable to work. They will work it out with WC Carrier at end, but EDD will only pay you for one year. You need to aim for some form of resolution before that expires.

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  4. Charles Robert Cleveland Jr.

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . If you have met with your attorney and you can't get a straight answer or get him to tell you what the plan is going to be than perhaps it is time for you to get a new attorney. As stated in the previous answers there are numerous reasons for the denial of claim.

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