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  1. #1
    Join Date
    Sep 2008
    Posts
    15

    Default Compensatory damages

    My workers compensation claim was made in the State of: CA

    How does compensatory damages work? I contracted bacterial menigitis from my last lumbar epidural. I still suffer pressure headaches from the BM. My lawyer says he will try to get compensatory damages...Do compsensatory damages have a "limit" like a settlement does? Thanls in advance for your advice!!!

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Compensatory damages

    My lawyer says he will try to get compensatory damages
    Your AA may have someting different in mind here... but in WC, a settlement is based on the % of permenant disability due to your injury.

    The bacterial menigitis you contracted due to the treatment you received would be a 'compensable consequence' to the orginial injury, not necessarily providing for additional money in an award at settlement.

    WC does not provide for 'compensatory' damages as a tort/civil action would bring...just as 'pain and suffering' in not available in WC...

    You could try to read through the labor code...http://www.leginfo.ca.gov/cgi-bin/ca...=lab&codebody= I doubt you'll find anything that provides for 'compensatory damages'...

    In fact...
    Eighty years ago, the Legislature provided for a system of workers' compensation as a mechanism for avoiding individual employee lawsuits in court for injuries suffered on the job. Employees gave up compensatory and punitive damages while obtaining certainty of payment; employers were liable regardless of fault but could no longer be assessed compensatory and punitive damages.http://www.dir.ca.gov/Bulletin/summer_94/aubry.html

  3. #3
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Compensatory damages

    Is your atty one who specialize in workers comp?
    "damages" is a term from the civil litigation side of the law. It does not apply to workers comp.
    It would only be available to an injured worker if there was a 3rd party law suit available.

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