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My husband got an injury at work today he got his tip of the index finger cut off should we get workers comp or hire an attorney

Stockton, CA |

and also his boss visits him at the hospital telling him not to get workers comp what should we do .. My husband is in alot of pain and he can't do anything what he was doing at work he's a sheet metal worker and he also has union but we don't know what to do from here?

Attorney Answers 4

Posted

Complete a DWC-1 Claim Form and take it to HR at the Employer. The Insurance Company should contact you in about a week. In the mean time, get Bubba certified for SDI if he is going to be off work for a while. WC/SDI can coordinate later, as long as he has money coming in.
http://www.dir.ca.gov/dwc/DWCForm1.pdf

We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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Asker

Posted

Thank you for the response but me and my husband also decided if we wanted to sue the company for negligence at his job do we still have to put in DWC-1 FORM and my husband also recieve in the mail a WS form we don't know what to do?

George Ellis Corson IV

George Ellis Corson IV

Posted

Yeah....you should definitely get an Attorney. An inability to follow simple instructions is going to seriously hamper your progress in this matter.

George Ellis Corson IV

George Ellis Corson IV

Posted

FOUR Attorneys from all parts of CA in this field gave you essentially the same advice; File A DWC-1 Claim Form. If you prefer to wander into the Litigation Woodline, good luck to you....

Asker

Posted

thank you for your advise

Posted

I agree with Mr. Corson. Get the claim form on file with the employer. He will turn that over to his insurance. They will be in touch. Sounds like he's trying to avoid making the claim but you need to look out for you....apparently the employer is not looking out for you.

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Posted

Generally, I would advise against getting a lawyer for a workers' compensation case, unless your benefits are being denied. Make the claim first, as recommended by my colleagues. Then, if treatment or disability payments are denied, contact an attorney. Considering the nature of your husband's injury and the resulting hospitalization, it is highly unlikely that the benefits would be denied. Now, if it turns out that your husband's employer does not carry work comp insurance as required by law, then you should speak to an attorney immediately.

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Brett A. Borah

Brett A. Borah

Posted

I will respectfully disagree with Mr. Alves. The problem with his advice, in my opinion, is that the insurance knows all of the tricks of the game and may be tricking you without your even knowing it. They are seasoned pros at minimizing recoveries. You need a seasoned pro to make sure you don't get taken advantage of. If they tell you that you're too late to file the claim, are they right? If they tell you you must go to a certain doctor, are they right? If they deny certain treatment, are they right? How would you know?

Posted

The state's workers comp website is a good place to start ... there's a FREE WORKSHOP for injured workers, I think yours is in about 2 weeks... if your questions and 'situation' is answered, you won't need an attorney, but if the workshop leaves you 'hanging' you'll know it's time for help...
...REMEMBER, THE ATTORNEY GETS PAID AT THE CONCLUSION OF THE CLAIM, no money up front, and they only get paid if your husband gets a recovery, so YOU CAN afford a Comp Attorney (and certified specialists passed an extra bar exam just in Comp laws but cost exactly the same as non-specialists...so shop around for a certified specialist).

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Steven Joseph Alves

Steven Joseph Alves

Posted

excellent advice, and helpful links.

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