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  1. #1
    Join Date
    Feb 2013
    Posts
    26

    Default Is a Workers Comp Lawyer Necessary

    My question involves workers compensation law for the state of: CALIFORNIA

    I rolled my ankle pretty bad in april of 2019 .my LEAD MAN at work told me that if I went on workers comp or to the DR that I would get fired.(i filled out an injury report still)so I toughed it out and was told to rest for 3 days(unpaid) I returned to work and after the weekend and was told I need to be careful and do light duty.FLAGGING (holding a stop sign) I work in construction. so after about a month I returned to my regular duties and continued to work on my sprained ankle with a brace i had bought. in early June my foreman text me and said he didnt need me anymore.they still had work to do but i called the owner and he also said there was nothing for me..so i went on unemployment. my ankle still hurt when i step a certain way . i submitted my dwc-1 form to my previous employer . i also talked to a lawyer but I'm not to sure if I need him yet due to just starting my workers comp process. is it worth it to just get a lawyer now or should I just wait to see if my claim is denied?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,061

    Default Re: Is a Workers Comp Lawyer Necessary

    my LEAD MAN at work told me that if I went on workers comp or to the DR that I would get fired
    That's illegal. You should have reported him to the owner of the company and to the state WC division.

    I toughed it out
    Did you get medical treatment? WC would have paid for that. That you still have pain leads me to believe that you didn't get proper treatment.

    i went on unemployment. i submitted my dwc-1 form to my previous employer
    You shouldn't be able to collect UC and WC at the same time.

    To collect UC you have to be able to work and actively seeking work.

    To collect WC you have to be unable to work due to your injury.

    I don't know if California has something in between.

    just starting my workers comp process
    I don't understand "just starting." You were injured in April. That's when you should have started. If your employer scared you into not getting treatment and benefits then, yes, I think maybe you should seriously consider hiring the lawyer. Make sure he's a WC specialist.

  3. #3
    Join Date
    Feb 2013
    Posts
    26

    Default Re: Is a Workers Comp Lawyer Necessary

    yes the LEAD MAN did scare me of losing my job ,I was making great money and didnt want to lose out,I never went to a dr ,big mistake I know... I went on unemployment after I was told I wasnt needed in June. I submitted my dwc-1 today 8/1/19 .I know I have 1 year from my injury to start my claim... thanks for the feed back

  4. #4
    Join Date
    Mar 2013
    Posts
    17,061

    Default Re: Is a Workers Comp Lawyer Necessary

    This really needs to be reported to the Div of WC.

    https://www.dir.ca.gov/dwc/dwc_home_page.htm

    No employer should be allowed to get away with that no matter how good the pay is.

  5. #5
    Join Date
    Oct 2016
    Posts
    3,149

    Default Re: Is a Workers Comp Lawyer Necessary

    I agree yo need to report it to the state. And at least consulting with a WC lawyer would probably be a good idea.

  6. #6
    Join Date
    Feb 2013
    Posts
    26

    Default Re: Is a Workers Comp Lawyer Necessary

    I agree.. I have a meeting today with a WC LAWYER than you

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