How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Joseph Your Own Question
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I had an auto accident while working in HI for a CA company

Customer Question

I had an auto accident while working in HI for a CA company in 2009. I was sandwiched between a car in front and a car in back (the car in back cased the accident. I was taken to a second rate facility which only had x-ray capabilities. The ambulance ride refused to give relief to head even though I let them know most of the ride it was in severe pain. The claim is still going on and now they have denied my head injury after 4 years. Even though all the doctors I have seen have record of my head injury/ pain/ ache, I have not received treatment for the injury. I was just approved last month to receive a CT Scan and the WC Adj denied my visit back to the neurologist to read the report. I paid out of pocket to see the WC Neurologist and he found an osteoma that is growing and states the growth could be caused from my trauma. I did have a slight osteoma back in 2009 on a CT Scan but now it is growing and another new adjuster has been assigned a denied my head injury. They are stating I have to have a neurologist QME now which I am afraid if I prolong the issue, it could lead to even more severe problems. The neurologist has referred me to a neurosurgeon, which they are also denying. PLEASE HELP! I have gone through several different adjusters. I have another new one that has just said NO to everything. They have offered me a 70k settlement to walk away (that was prior to my CT Scan). When I arrived back to the mainland, I received an MRI of my neck which showed herniated discs. I have been in pain for 4 years and have been deemed 33% permanently disabled by a QME. I have other injuries: neck, shoulders, upper back, etc. WC has prolonged settling my case and has said what they will pay for has run out. Additionally, there has been gaps in treatment which has not allowed me to heal. The job I had before, I am no longer able to do. I made a six-figure income down to a zero figure income.  I am also curious if I qualify for disability.  

Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm very sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today?

Are you asking about state disability benefits or social security disability benefits?
Expert:  Joseph replied 4 years ago.
Hello Al,

Again, I'm extremely sorry to hear about your situation. You don't seem to be getting the treatment that you deserve under workers' compensation and should be entitled to more than you have been offered as a settlement.

Unfortunately, you would not be eligible for State Disability Insurance at this time, since you have not worked within the past 15-18 months, which would constitute your base period for State Disability Insurance.

However, if you are permanently disabled and are unable to work due to your disability, you are eligible for, and should apply for Social Security Disability Insurance benefits.

Your Social Security Disability Insurance benefit amount depends on your length of time in the work force and the salaries that you received.

You can apply for Social Security Disability Benefits by filling out the application for benefits online here:

You will need to have a physician conclude that you are completely and permanently disabled and unable to work due to your disability to have a successful claim for disability benefits.

My goal is to provide you with the best service possible, so please do not hesitate to ask me any follow up questions or request any additional information.

If and when you are satisfied with my answer, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Customer: replied 4 years ago.

I guess I didn't ask the right question. Do I have a case against WC for coverage of my head injury and the lack of treatment they have(not) provided? I also have not had sufficient treatment on my neck, shoulder or upper back. I also have blurred vision, lack of taste, lack of smell and have had 2 miscarriages this year (I'm not sure if its due to the medications, injury or what?).

I have received commission checks every month from the company for past work done. Furthermore, I did perform work for the company in January 2012 so will this qualify me for State Disability?

The neurologist has also requested a MRI & EEG which have both been denied. The orthopedic has requested an epidural which has been denied. The orthopedic also states I will need long term physical therapy which they deny any more PT.

Can an attorney get me the request the doctors are asking for? Can an attorney get me a settlement that will cover future medical and my lack of being able to perform at the same level as before? Do I need an attorney to file for State or SS Disability? Are you able to provide a WC Attorney to represent me in California?

Thank you.

Expert:  Joseph replied 4 years ago.
Yes, you would have a case against the workers' compensation carrier for 'bad faith' if they have failed to provide you the medical treatment and services that you need.

I'm very sorry to hear about your two miscarriages in a year. That must be an awful experience to go through and I hope that your injuries or medications will not prevent you from having children.

If you haven't already hired a workers' compensation attorney, I suggest you do so as soon as possible. While JustAnswer experts cannot make specific recommendations, I can give you a few websites to look into:

Are all good starting points.

It depends on how much work you did in January 2012 and how much you were paid. Normally, one month's of work would be insufficient for you to receive disability benefits, but possibly that work along with the commissions would be enough for you to qualify.

Regardless, it is worth it to try to get state disability insurance, since you have nothing to lose.

You can apply for SDI online by following the instructions from EDD here:

Yes, a workers' compensation attorney could get you the requests the doctors are asking for by arranging to get you better coverage for your injuries. An attorney would also be able to arrange for a settlement for you to cover you for future medical expenses and to compensate you for your permanent disability level.

You do not need an attorney to file for state disability or social security disability insurance. Just follow the instructions available online and use the online applications. However, if you are denied Social Security Disability Insurance, you can and should get an attorney to represent you to file again or file an appeal of the denial.

As I mentioned above, unfortunately, I cannot give out any specific recommendations, but you should try the sites I suggested.

Hope this information helps!

Thanks and best of luck!

Expert:  Joseph replied 4 years ago.
Please remember to rate my answer positively so I get credit for my work!

If you don't rate me positively the website recoups your entire deposit and I get nothing for assisting you. Since I need the money WAY more than they do, please rate my answer positively!

Thanks again and best of luck!
Customer: replied 4 years ago.

I don't feel I have received any information that I did not already know or have not found on the internet. So I can rate you OK or above, can you give me a listing of possible attorneys that can help me since I'm in GA now and the employer is in CA? Or, do you know of a law firm that has affiliations in both GA & CA that can represent me. Finding an attorney is my biggest problem.

Expert:  Joseph replied 4 years ago.
Unfortunately, I have no way of knowing what you do or do not know. All I can do is answer the questions that you provided to me. (It would be less than professional for me to assume that a customer knows things, as that would lead me to provide them with incomplete information).

As I mentioned before, I cannot give you any recommendations as they would violate site rules due to liability reasons (and California bar rules as well).

What I can do, and did previously is to to give you list of websites to consult:

There are very few plaintiffs' workers compensation firms, and there is not a firm that has offices in CA and GA, since they are limited to a specific state's jurisdiction.

I would suggest that you use the sites I listed above as starting points.

You can also use the California Bar's Service, which is available here:

That would definitely ensure that you get a competent and zealous advocate for your workers' compensation case.

As I mentioned before, please don't hesitate to ask me follow up questions or request any additional information. I am here to help.
Customer: replied 4 years ago.

I will research the websites and then rate the service, thank you.

Expert:  Joseph replied 4 years ago.

Thank you; best of luck! If you are thinking of rating me anything less than OK, please respond to me first so I can ensure I give you the best service possible. (Although, please remember that I cannot change site rules and that you should not hold me responsible for being unable to violated them).



Expert:  Joseph replied 4 years ago.

Hello Al, I hope the sites I listed were helpful.


Please let me know if you need any additional information or have any follow up questions!


(Also, again, please remember to rate my answer positively so I get credit for my work--otherwise the website just keeps your entire deposit and I get nothing for assisting you).


Thanks and best of luck!

Related California Employment Law Questions