My friend has a slip-fall ten years ago, but he was injured with bloody and bruise on his few body parts-legs, arms and foot. They were healed after a six months. After two years, all pain were gone. But his lawyer wrote him as 20% permanent disability on his work compensation records. She said he would not get paid without any permanent injuries and persist to put that permanent disability in his records for getting him some small compensation. How could he can't get paid for his emotional, missing work, inconvenience and suffering pain damages for the fall if he has no disability? He was unhappy at that lawyer now. How to remove that incorrect permanent disability record in his work's compensation? Please advise. thanks
Personal Injury Lawyer
Consult a local Workers Compensation Attorney - Many offer free initial consultations. You can locate a local attorney right here on AVVO under the tab "Find A lawyer"
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
9 lawyers agree
Family Law Attorney
I believe the doctor wrote the report and if the accident was due to a third party (not his employer or other employees of the same company) he could have sue then, but now the statute of limitations has run, even for fraud and legal malpractice.
My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.
Personal Injury Lawyer
Workers comp system pays ceretain amounts if you are disabled temporarily from working, medical bills, and if there is a permanent disability, a permanent disability award. Future medical can remain available.
You cant collect for emotional ditress, pain and suffering, or any excess lost income in workers comp system. Depending upon the facts in the case, there might have been a 3d party tort case against someone other than employer. If so, a civil injury case could have been pursued. if it has been 10 yrs, the statute of limitations has run on any 3d party case.
Workers' Compensation Lawyer
The only way a lawyer can give a sound and practical answer is to review the report and get a history from you of what happened, what is true, what is wrong with the report. Please identify the form you are referring to. If the report is from a medical doctor, the answer is different than if the form is from the employer. Many attorneys will review the actual facts and report without charge.
See too WCWebzine.com A-Z Index link below