Workers Compensation while student-employee at occupational center?

Asked over 2 years ago - Chatsworth, CA

Laceration to stomach while lifting tool chest handle. I am a student at los angeles occupational center currently but they made me Fill out DWC 1? Whats next ? 1inch and half cut with purple all around .... I was not paid but got tips from client for hair cuts... where do i stand? what compesation would i be entitled to if was not paid a salary?

thanks

All input and info welcomed....

Attorney answers (3)

  1. Richard Michael Laden

    Contributor Level 13

    4

    Lawyers agree

    Answered . My first question is: How serious is the injury? If you only received first aid and the laceration is healing, you have a claim but its value is likely extremely small or non-existent. If it heals, there is no permanent disability. If it is healing and you are able to continue doing your studies and your practicing, there would be no period of temporary disability. If the center is providing you with the necessary medical treatment, you have no issue there. In short, it does not sound like there is much to do except let it heal, be happy it is not worse, and move on.

    If the injury is more serious, that might change the analysis.

    Minor injuries are rarely worth filing legal action over, especially if you are being taken care of.

    The information given is generic and does not constitute legal advice, which would only be given after a complete... more
  2. Nancy J Wallace

    Contributor Level 14

    4

    Lawyers agree

    Answered . Where do you stand? You're an injured worker receiving comp benefits... sounds like everybody is just following the California Labor Code.

    What Compensation would you be entitled to? Same as the rest of California: 2/3 average weekly earnings as Temporary Disability payments for each date a physician writes you are physically completely unable to do any work for anyone.

    A 1 inch cut wouldn't cause any physician of which I'm aware to write you are unable to perform any type of work for any one.

    So if no physician wrote you are Temporarily Totally Disabled, you are entitled to NO temporary disability payments.

    You are entitled to change treating physicians within the Comp Insurer's Medical Provider Network if you are not getting adequate care...you can find most Comp carriers MPN lists online. YOu should have received a letter from the Comp Carrier with the website to look at the physicians and pick a new one, if you need to do so.

    If the healed scar leaves you with any percentage of 'Whole Person Impairment' then but only then would you be entitled to permanent disability payments. It's unlikely such a healed wound would result in any Whole Person Impairment.

    I'll attach the Division of Industrial Relations answers to simple questions. Read it. It's helpful.

  3. Brett A. Borah

    Contributor Level 20

    1

    Lawyer agrees

    Answered . My colleages hve given you some good advice. It sounds like you may want to talk to a good workers' comp attorney. This may be more complicated than the three responding attorneys realize. I suggest you consult with a w.c. attorney. That consult is free. Find a good attorney here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers. Good luck.

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