California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Default Injury to a Crane Operator in LA Harbor

    I am a Crane Operator, in the LA Harbor. I was injured in my shoulder, due to repeat use on a daily basis. I am suffering everyday. I have had treatment and surgery, over the last two years. I have also had stage 4 Cancer in 2004 , and was off work for a year after that and went to Jail in 2006 - 2007, and the the cancer came back in 2008. Went thru Chemo and radiation, and went back to work in 2009. Re injured in 2010 and off work for the last two years. I did treatment and surgery, but It turns out that it is not fixable. Went to a deposition and was questioned, about my past history since 2004. I was asked questions like how many times have you gone to jail etc.. Now I am out of a JOB and can't work. I have not made more than 70,0000 dollars a year since then. The questions that they asked me in the deposition, seemed unrelavant to anything. Other questions where asked about my medication. How much of my Criminal record, which has nothing to do with my Injury. My Medical history about all my Medication I was taking. How much of an impact do these questions have on my settlement case. I will have to retire from my Job, because of my physical Injury. I am 6ft 10 in and that's what caused me to get these injuries. Why would the Medicine that I took, or the fact that I went to jail have anything to do with this Case. The questions is simply this, Does the amount of Medication, or the fact that I went to Jail have on this Case. Thanks, NEED HELP!!! Can Someone get back to me about this ASAP. Thank you so much... I basically need answers to what is right as far as they owe me MONEY WISE. I can never work again. Get back to me to tell me what Figure I Deserve.

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

    Default Re: Lawsiut- La Harbor (Crane Operator)

    WC pays TTD while you cannot work due to your injury... max of 104 weeks.
    Also provides medical care...reasonable and necessary.
    Once you have completed the treatment plan, and reached MMI/Max Medical Improvement...you'll be rated for WPI/PD, that % will determine the number of weeks PD indemnity you are entitled to...payed at a max of $230/week.

    You are not "owed" anything money wise beyond those PPD weeks. For a life pension to kick in, you must be rated over 70% PD...even then, LP is around $138/week... depending on your DOI and average weekly wage.
    I have not made more than 70,0000 dollars a year since then.
    No doubt you are accustomed to a much higher wage in the job you were in pre injury, in todays economy though...70K is fantastic wage.
    Get back to me to tell me what Figure I Deserve
    If you are offered a cash settlement, it would consist of the PD indemnity, and money for potential future medical care...not what you may be expecting at all. Not likely a years wages/70K

    Where is your attorney? You should never go into a deposition w/o legal representation.

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

    Default Re: Lawsiut- La Harbor (Crane Operator)

    it may have aggravated your condition. aggravations are new injuries and wouldn't be covered by workers comp.
    also
    attys are paid by the hour so the longer the deposition the more they can bill the carrier.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Lawsiut- La Harbor (Crane Operator)

    You really need to consult with a WC atty, you may be covered under the Longshoremans Act or other WC statutes.

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