I am an 8 year veteran of a Southern California Sheriff's Department. In May of 2000, I was injured in an altercation with a suspect. During this altercation, I ruptured the disk at L5/S1. My first surgery was done in September of 2001 which did not work. I had to go in for a 2nd surgery in February of 2002. this 2nd surgery involved the addition of titanium screws and a fusion of the vertebraes. It will be August of 2002 before we even know if the bone is growing properly.
I am currently on paid medical leave for the injury. My paid leave ends in August and I have already been told by the county that I am too much of a liability and can not return. I have been sent a retirement package to fill out and start the retirement process which takes anywhere from 5-8 months. The county is also bound by state law to pay for job retraining for me.
First question...Is it possible to sue the county (outside of workers comp) as I am obviously permanently disabled as a result of my employment? I am still young (just turned 30) and now walk, live and move like a 60 year old man.
Since I have a workers comp attorney, should I seek out a personal injury or retirement attorney as well?
Also, after the initial injury, I went to see my personal doctor using my personal insurance. Due to a "paperwork error" in the county's favor, the proper paperwork was never forwarded to the doctor. This was not discovered until after my 2 nd surgery an audit of my work injury file showed that none of the paperwork had been forwarded as required. The claims adjustor said that since the insurance company had obviously not noticed it was a work related injury, that they would not go out of their way to inform them. My workers comp attorney said he thinks that they are doing this to avoid reimbursing the insurance company for the 2 surgeries and all of the treatments. I feel that it is also because of this that the county is pushing to get me retired quickly so that they can wash their hands of me and any medical reimbursement as well. Am I liable for for the debt the county obviously owes my Insurance company? If they retire me, and the insurance company discovers later that it was work related, can they come after me?
Any help in this matter would be greatly appreciated. I have so many questions, but of course I am drawing a blank at this time. I will post additional questions if I receive responses to these.
Thank you.
I am currently on paid medical leave for the injury. My paid leave ends in August and I have already been told by the county that I am too much of a liability and can not return. I have been sent a retirement package to fill out and start the retirement process which takes anywhere from 5-8 months. The county is also bound by state law to pay for job retraining for me.
First question...Is it possible to sue the county (outside of workers comp) as I am obviously permanently disabled as a result of my employment? I am still young (just turned 30) and now walk, live and move like a 60 year old man.
Since I have a workers comp attorney, should I seek out a personal injury or retirement attorney as well?
Also, after the initial injury, I went to see my personal doctor using my personal insurance. Due to a "paperwork error" in the county's favor, the proper paperwork was never forwarded to the doctor. This was not discovered until after my 2 nd surgery an audit of my work injury file showed that none of the paperwork had been forwarded as required. The claims adjustor said that since the insurance company had obviously not noticed it was a work related injury, that they would not go out of their way to inform them. My workers comp attorney said he thinks that they are doing this to avoid reimbursing the insurance company for the 2 surgeries and all of the treatments. I feel that it is also because of this that the county is pushing to get me retired quickly so that they can wash their hands of me and any medical reimbursement as well. Am I liable for for the debt the county obviously owes my Insurance company? If they retire me, and the insurance company discovers later that it was work related, can they come after me?
Any help in this matter would be greatly appreciated. I have so many questions, but of course I am drawing a blank at this time. I will post additional questions if I receive responses to these.
Thank you.