My workers comp injury has never been healed. I'm not able to go back to work and not offered retraining. I believe I've been misdiagnosed. What is my next legal step?
Employment / Labor Attorney
If you do not have one, you need a good workers compensation attorney. If you have one, you need to work with your present attorney, or, if you do not believe your present attorney is representing you the way you feel he or she should, you should find another.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
Personal Injury Lawyer
Your next legal step is to hire an attorney. Do so as soon as possible. Good luck.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
Workers' Compensation Lawyer
I agree with the other answers, you need an attorney! An attorney can get you to the right doctors and work with the insurance company to get you the benefits you deserve. If you already have an attorney, make sure to tell them that you believe you have been mis-diagnosed. If you don't have an attorney, you should consider retaining one asap.
Employment / Labor Attorney
I don't practice workers' compensation law but I'm pretty sure there is a time limit on how long you can wait to re-open a workers' compensation claim, and that it may depend on the manner in which your workers' compensation case was resolved. As others have stated, you need a workers' compensation attorney. You can find a workers' compensation attorney on the California Applicant Attorneys Association (CAAA) web site: http://caaa.org/cs/. CAAA is the strongest California bar association for attorneys who represent injured workers. On the home page, click on the picture of the wheelchair above the words "Injured Workers." On the next page, click on the link to “Attorney Search” on the left side. Enter your city or any other information and click “Search.”
@MikaSpencer * * * PLEASE READ: All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. * * * Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and must not be taken as legal advice. Legal advice must pertain to specific, detailed facts which are impossible to gather on a public web site like Avvo. * * * No attorney-client relationship is created based on this information exchange. * * *
We really need a lot more information in order to give you a proper opinion. Do you have a final report from a doctor? Have you gone to a QME? Do you know what a QME is? How many specialties are you treating in?
If you give some more detailed information, we can tell you what direction you need to head. As everyone has said, it is time to at least get a free consultation with an attorney. But if you wish for us to answer your questions here, go ahead and leave some more details.
Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Each case is pursued differently based on its own merits. As such, there is no guarantee as to the outcome of any case. No attorney/client relationship will be established by contact with this AVVO answer or any messages or emails from Silberman and Lam, LLP. Attorney/client relationship will begin only when a retainer has been signed.
You should sit down with an attorney, explain what has happened to date, what you would like to see happen and see if this is reasonable.
My office provides free consultations and I will take cases in San Diego as well. Feel free to call me to discuss further.
We need more information to properly answer your question. There are two types of settlements in a workers compensation case. 1. Compromise & Release: In a C&R you release the employer of future liability in return for a lump sum settlement. 2. "Stip" Finding of a stipulation and award. In this method you are agreeing to the level of impairment for a certain body part and have agreed with the employer to keep your medicals open for that particular body part. It's important to see how the claim was settled before you look to reopen. You should consult with a Work Comp attorney and have them review your documents.