In need of help, I was injured at work in November 2013 with a progressive trauma of a acetabular labral tear in my left hip as well as oste...

Question

In need of help,

I was injured at work in November 2013 with a progressive trauma of a acetabular labral tear in my left hip as well as osteoarthritis . The company I worked for saw me in pain for 5 months,(from November 2013 to March 5th 2014) limping around and did nothing but fight me when I filed for workman's comp after going to the ER and not being able to return to work. On top of that I was terminated 4 weeks later even though I have been disabled. I was working as a bartender in the San Francisco bay area and have been told I will never be able to work in my career as a bartender ever again due to my injury, a career I have been investing in for 10 years.

I am in need of a hip replacement and I am 32 years old. I have the help of a workmans comp lawyer but the attorney is telling me that I cannot sue for loss of wages or even obtain the full amount of the surgery unless I want try to battle this out for 2 years (its been 1 year so far) . The defendants IC denied the case after I asked for another her QME panel.

I cannot walk due to my condition getting worse since I have gone without treatment since September 2014 and I am in a sever amount of pain. I am being forced to settle for $99,000 which is not nearly enough to even pay for the surgery I need and live during recovery . My state disability is running out in 2 weeks and I will have no other income so I have to take the settlement.

My question is.... I have been told about whats called a commercial lien. If my workman's comp case settles, can I place a lien on the restaurant for:

*Loss of wages

*Pain & Suffering

*Never being able to work in the same industry ever again

*Causing more pain and injury due to neglect of treatment

If I can how do I go about obtaining the lien ?

Answer

You should re-post your question in the workers compensation section. Workers compensation rules governs the extent of your recovery for work related injuries. If you are not satisfied that your attorney is giving you good representation consult with another attorney.