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Workers Comp coming to close soon. What should I do/expect in pain suffering payment stipulation.

Cypress, CA |

Class A commercial truck driver, 120 barrel tanker Vac truck for removal and transportation hazardous material. Work for Environmental company with L.A. harbors and refineries. Safety/lead called me off truck to help carry large pipe with crew. Shoulder dislocation, Surgery replace tendon and repair 2 rips in rotator cup. Much financial hardship and bills backed up, mortgage late but manageable, I have been taken care of well medically, but company may not have position for me and a little worried at sudden change in their interests and they have not returned my calls. I think I played my cards wrong on this. May need attorney?

No pryer work injuries. I have excellent work ethics and history. Health great, strong prideful Bull of the Woods kind of individual but lack of knowledge in the legal or handling of such things as worker comp that I feel may bite me in the ass in trusting employer. I spent over 2 years in Iraq as a civilian providing towing/recovery service embedded with the U.S. Marines supply convoys... not a scratch, lost 6 friends over there and I come home and get injured on job here in the states... Irony! Wife and I are worried about bills. As well, have my 91 year old saint of a mother that we care for but wife is only financial provider now. I'll be glad to get back to work however, my paycheck wont be enough to get us back on financial stability after debts acquired during this injury. Thank you for any advice, help or service in this matter, Jake

Attorney Answers 6


  1. Best answer

    I agree that an Attorney is an excellent idea. Pain and Suffering are not recoverable in Workers' Compensation, which is the first sign that you need a Tour Guide for disposition of your injury claim. Your recovery will likely be closer to $15,000 than it will to $115,000, so he will hopefully be able to give you realistic parameters based upon the medical evidence.

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


  2. I think an attorney is a good idea. Usually companies wait to see what the perm restictions are but if they already have those and are not returning calls they are trying to decide, or have decided, what to do.


  3. I read the comments and strongly suggest at least taling to WC attorney before you make that call to the insurance company. You dont have to hire the attorney, just talk to someone that knows your WC system so better undestand the process and the benefits so you dont make a bad situation worse by making bad decisions.

    I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and does not create an attorney-client relationship. Also it is very important to keep in mind that all legal claims have statues of limitation to file that cannot be missed. A local attorney should be consulted to learn the time limits applicable to a particular claim.


  4. Your support obligations count for nothing in Workers Comp recoveries. Your overdue bills get you zero,

    your recovery is based solely on doctor's words about how the shoulder in its present state impedes actvities of daily living.

    if you let the insurance company's doctor do all the writing, then you played your cards wrong.

    GO GET A SPECIALIST ATTORNEY... they cost the same 15% of the final recovery but passed an extra bar exam just in workers comp.


  5. You are right you need an attorney. WC is difficult to navigate. Please heed the comments of my fellow attorneys about what is compensable and what is not. Please feel free to contact our office in Long Beach 800-809-8848 for a consultation.


  6. any time that you have a serious injury you should at least consult with an attorney - one of the important factors should be your medical treatment - so to the extent that they are providing you with good medical care that is a good thing - call and set up an appointment with a lawyer and make sure you go to the lawyer's office so you can see the type of operation the attorney is running

    we will not take any action on this case until we have a signed retainer agreement

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