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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32158
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I was injured at work and now Im a paraplegic. I was asked

Customer Question

I was injured at work and now I'm a paraplegic. I was asked to be involved in a stem cell trial. Will my workers comp have any issues with me going through with the procedure?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am very sorry to hear of your severe injury. Before I can give you an accurate answer to your question, please provide the following additional information:

Have you already settled with the worker's comp insurer for your permanent disability? Is there any risk that this procedure will make you more disabled?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Hello, I'm currently receiving benefits from workers comp but they have me listed as temporary disability. I have not settled with workers comp.


 


The procedure like any, is surgery and comes with risk

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying the situation, Lanec.

Yes, the worker's comp insurer could try to argue that the surgery was experimental and caused additional injury which they should not be held liable for, which could typically reduce the award you might receive for the permanent injury you sustained.

If there is no chance that you will not be permanently paralyzed, their argument would typically be a weak one provided there is no question that the work-related injury caused the paralysis. However, if there is some chance you are not permanently paralyzed and the surgery causes additional damage, then they could seek to reduce the amount of award you may be entitled to because of the experimental surgery.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Tina, Attorney
Satisfied Customers: 32158
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise. I noticed that you gave me an "OK" rating and wanted to let you know that I would be happy to provide additional information if there is something more you were looking for from me.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

Customer: replied 1 year ago.

Can workers comp cancel my benefits if I were to go have a procedure done without their knowledge even if the procedure had no adverse affects on my condition?

Expert:  Tina replied 1 year ago.
Hello again,

While this would not typically be a valid reason for denying benefits, most insurers are looking for reasons (valid or not) to deny benefits and may use this as an excuse to stop benefits, requiring you to retain an attorney and contest the matter in court. Since you were so severely injured, it would be a good idea to retain a worker's comp attorney to represent you in any case to ensure you receive a settlement for your permanent disability which is fair.

Customer: replied 1 year ago.

Hello Tina,


 


I have retained an attorney for my case but have been unable to reach him yet regarding this matter. When you mention receiving a settlement for my permanent disability, what exactly do you mean? I was under the impression from my attorney that I could not sue my workers comp. Is that not the case?


 


Thank you.

Expert:  Tina replied 1 year ago.
Hello again.

You can file a worker's comp claim, or your attorney can, to contest any decision the employer/insurer may make which you do not agree with typically. Ultimately, the case will either be decided by a judge or through negotiations if the parties can reach a settlement. The settlement for permanent disability is separate from the benefits you receive for a temporary disability.

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