I was-injured-at-work-and-have-been-on-disab-for-almost 2 years

Asked almost 2 years ago - San Jose, CA

Due to fautly doors in shop broken springs note three other peoples hurt do to same problem I have back problems do to this complained to boss for two years about heavy doors also OSHA was called and they only had repair poeple to check and give cost to fix note sense I have been out all doors finally were repaired but took 2 or more years to get fixed I am unable to return as a tech do back problems also doctor said most likly would not be to do that kind of work any more what are my options

Attorney answers (5)

  1. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

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    Answered . I assume you have been pursuing a workers' compensation claim. If you have not already done so, you should consult a good workers' compensation attorney about your options. Typically, workers' compensation is the only option you have as to your employer. The only exception would be if the circumstances meet the requirements of a "serious and wilful" claim against your employer. Again, talk to to a good workers compensation attorney regarding this possibility.

    In addition, it's possible that you have a separate "third party" liability claim agains the manufacturer of the doors or any entity responsible for maintenance of the doors if separate from your employer. You can talk to the workers' compensation attorney about that possibility or consult a good personal injury attorney. You should act immediately so that any physical evidence can be documented or preserved.

    Good luck.

  2. Brett A. Borah

    Contributor Level 20

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    Answered . I sure wish we'd heard from you two years ago because by now, some of your options may have expired. You really need to get to a good workers' comp attorney right away before even more options expire.

    One benefit that is about to expire is your temporary total disability. You can only get this for 104 weeks (2 years). If that ends, you are without money. There are some things you can do about this so get in to see a good w.c. attorney right away. There are some great w.c. attorneys in Santa Clara County. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers. Or you can call me for a referral. Good luck.

  3. David J. McCormick

    Contributor Level 20

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    Answered . If you do not already have an attorney then you need to find representation ASAP because you may have lost the right to pursue a third party case regarding the faulty doors.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. George Ellis Corson IV

    Contributor Level 20

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    Answered . Your TTD is probably going to expire soon. There is very little in the way of Retraining Benefits anymore, so you will probably be best served to find a lighter job.

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  5. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    2

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    Answered . Workers' Compensation is a no-fault system. It simply does not matter that
    your boss was on notice about the doors. You deserve to be compensated for
    your injury but that's it.
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