Dear Gentleperson, Firstly, I am sorry to read about your tragedy and hope that you will feel better soon. Secondly, you have the right to file a claim for workers' compensation benefits. Since you wrote that your arm is not 100% recovered, it sounds like you have "permanent disability" which is defined as the irreversible residual effects" from a work injury. Under the laws of California, if you have permanent disability you can be compensated for it. Just exactly how much your case is worth is dependent upon the level of permanent disability, and who determines the level of the permanent disability will be the treating doctor. But keep in mind that if the insurance carrier does not agree with the treating doctor's opinion on the level of permanent disability, the carrier can (if you injury is after 01/01/05) request from the State a panel of 3 doctors from which each side gets to strike one name and the remaining doctor shall be the "panel qualified medical examiner" who will be responsible for reporting on the level of permanent disabilty. If the treating doctor's opinion on permanent disability differs from the opinion from the panel qualfied medical examiner, the parties can either negotiate a settlement value based on some figure in between, or take the case to trial where the judge will decide whose report will be followed. Don't forget the losing side can appeal also from the judge's decision. Thirdly, good luck and all the best to you.
Answered on Mar 06th, 2013 at 12:40 AM