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I had surgery to repair a hernia that I got due to heavy lifting at my job. Can I sue my employer? I live in California.

Berkeley, CA |

If so, can you recommend an excellent attorney in san francisco.

Attorney Answers 4

Posted

If you were a Federal Employee, you cannot sue your employer, but you can file a claim for benefits under the Federal Employees' Compensation Act.

You should contact the State Bar Association for a list of local attorneys who handle cases in District 13.

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Posted

The correct answer is yes, but it probably is not worth it. A hernia is fixed without residual disability 95% of the time, so that would usually leave only temporary disability payments for the time you were unable to work. Workers' Compensation payments and EDD disability payments offset, and are the same unless you make high wages. Unless something went wrong, there is probably not much value to your case. You are better off getting back to work than looking for a windfall.

Legal analysis is for general information, based upon the limited facts provided. Comments are not intended to constitute binding legal advice.

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1 lawyer agrees

Posted

You can sue anyone for anything, but as the other attorney here pointed out, you might not be able to recover much as hernias are generally something that people recover quite well from.

However, I recommend talking to an attorney to discuss more about the particular facts of your case. Once he/she learns more about what happened to you, and how you're doing medically at this point, they can advise you what your best options are at this point.

If you need help finding an attorney, I recommend doing a search here on avvo.com. Good luck.

This response is not legal advice and does not create an attorney/client relationship.

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Posted

You are entitled to workers comp benefits but how much you are entitled to receive depends on the extent of your permanent disability. You should discuss this with a workers comp specialist whom you can find through this website or by going to CAAA.org.

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