California Worker’s Comp/UEF case settled via C & R. Do I still have a civil remedy available to me?
Question by Miz Hellfyre: California Worker’s Comp/UEF case settled via C & R. Do I still have a civil remedy available to me?
The California Worker’s Comp case I was involved in was actually both a Worker’s Comp AND an Uninsured Employer’s Fund case (boss didn’t have insurance when I was injured). So, after just shy of three years of BS with the Worker’s Comp and Uninsured Employer’s Trust departments of the California government, I “capitulated,” and signed a Compromise and Release to settle my case. Because it was an Uninsured Employer’s Trust case, my case never became an “accepted case” until right before it was settled. That meant I did not receive ANY subsistence pay for THREE YEARS. No retraining possible due to advanced degree and physical status. My attorney left any civil options open-ended, subject to the statute of limitations, I would imagine. My question is – do I have a case for pain and suffering? Or some other civil remedy? What I mean is this: I recently got Social Security Disability, and the Social Security judge, in his ruling, took my *date of disability* back to my *date of injury* (the one that generated the worker’s comp/UEF bull, and the one for which my former boss wasn’t insured). Wasn’t exactly sure why he would do that, unless it was to facilitate my further legal recourse (?) against my former boss. I’m on a bunch of pills everyday so I can function “without pain” (right), and the only good thing I can say about the “settlement” from the State of California”s many Departments and Divisions that became involved is that it is finally OVER. I was treated poorly. And am interested in pursuing it to any further conclusion possible against my former boss. Any input or insight would be gratefully received.
Failing that, I’d like the name of a TOTAL PITBULL of an accident attorney in the Sacramento, California area.
Thanks.
Hmmm….I guess I need to elucidate further, although I attempted to sort of glaze over the harsh reality of it all. Here’s the crux of my question: My (former) boss BROKE THE LAW by not having the required worker’s comp insurance. And because he broke the law, I was unable to receive much-needed medical attention. I had the County Medical Service Plan (my doctor wouldn’t return me to work and I had no $ coming in). I was grateful for what I was given, but that doesn’t relieve the pain that I am under constantly, that might have been relieved if I had been afforded the appropriate medical care. In my C & R, where it says no further worker’s comp issues would remain for litigation. But my lawyer inserted verbage that EXCLUDED “…L.C. 132a, and any potential civil claims” from the C & R. So I guess I should ring up an attorney. To those of you that were badly treated by “The System,” the stats are against usl. Numbers don’t lie.
I’d still like a TOTAL PITBULL’S number. ;
Best answer:
Answer by james
I don’t believe you have a case, but you should talk to a lawyer. worker’s comp is designed to protect employers, I believe they should do away with the worker’s comp system and allow you to sue in court.
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You signed off and settled your case. What do you think the “R” stands for in the term “C & R” (release). You release them, letting them off the hook. I’m sure if there was anything left to go after your attorney would have done that. I have never heard of anyone getting money for pain and suffering under workers comp, (it’s NO Fault insurance). How much money do you think it will take to make you feel whole again? You collected a pot full of money from the state, you got a large retro check from social security and your getting monthly checks from social security and your still looking for more. You never even had any surgery. So what is the real issue here? I don’t understand how much more money you think you should get for your injury. You need to move on now and stop living in the past. Try to find something you are able to do to get your mind off this. Sitting home, taking pills, and being bitter is only going to make you more sick. If the pain is really that bad you would have the surgery.
I am a person who was denied coverage through Workers’ Comp for 10 years, after which I gave up trying to get help. Every time my doctor(s) would recommend a need for diagnosis or treatment, I would have to go to a Work Comp Dr. who would say I was Permanent and Stationary. One of them was flown in from Colorado to “give Work Comp decisions.” One of them lost his license for some reason. Since 1996 I have been unsuccessful in maintaining work bec. of my injuries. However, it does only affect me, not the millions who have no idea what it is like to be disabled without help or medical care. On disability, you can just about eat…that’s all. As they say, until you walk a mile in those moccasins no one really has any idea what Worker’s Comp victims endure. There’s no satisfaction or joy in being handicapped or disabled. The only people who ever helped me were the Rehab people who sent me back for immediate treatment due to the severity of my injures. Of course, Work Comp denied me medical care for years after anyway. It’s a criminal organization I think. They offered me a small settlement I’ve never accepted bec. it was such a crock.