Your current state is Virginia
answered on Mar 19, 2024
A Kansas attorney could advise best, but your question remains open for two weeks. Although you're awaiting a response, you should consider reaching out to experienced workers' comp attorneys in your state to discuss this. As a general matter, insurance carriers will often deny coverage... View More
A disability was declared day 1 and after 25yrs of service employee was sent to do a FEC exam. Is the company responsible or the facility where the fall occured for employee's re-injure and new injuries. Is this worker's comp or personal injury?
answered on Mar 19, 2024
If your employer sent you for a Functional Capacity Evaluation (FEC) despite knowing about your disability, and you were injured during this process, there might be grounds for responsibility on part of your employer or the facility, depending on the circumstances of the fall and existing workplace... View More
My attny called informing desire to dismiss me as a client..a week after I pointed out & voiced my frustration at their most recent egregious mishandling of my case so they would hop on it to fix them - several of which I've come to Justia to inquire about. Ironically claiming I... View More
answered on Mar 17, 2024
In California, the process for an attorney to withdraw from a case, and for a client to dismiss their attorney, involves distinct legal steps and documents. If your attorney wishes to withdraw, they must file a motion to be relieved as counsel, typically citing reasons for the withdrawal without... View More
answered on Mar 17, 2024
If you were injured on the job, you can file a claim for workers' compensation. You cannot sue your employer in court. Workers' compensation is your exclusive.
It is illegal to fire someone for making a workers' compensation claim under Maryland law.
answered on Mar 16, 2024
In California, the timeline for workers' compensation benefits to begin can vary, but generally, benefits start after your claim has been filed and accepted. It's important to report your injury or illness to your employer as soon as possible and to file a claim form (DWC-1) immediately... View More
I keep getting it is standard.
answered on Mar 14, 2024
While it is not required to provide a statement in a work injury claim to a claim adjustor. It usually occurs to help conclude the investigation of the report injury and claim. This is done because often the employer has not reported enough about the claim or the events leading to the injury for... View More
answered on Mar 13, 2024
In California, when an injured worker files a workers' compensation claim and the employer's insurance company accepts the case, benefits should generally be provided promptly. However, the specific timing of when benefits are issued may vary depending on the circumstances of the case and... View More
Workman's comp
answered on Mar 11, 2024
Generally, a WC release should not release your employment law claims, however I have seen many that try. You and your attorney need to be sure there are no provisions slipped into the WC release that are broader than they should be and might arguably waive your rights outside of the WC system. I... View More
Workman's comp
answered on Mar 11, 2024
Under California law, signing a workers' compensation (WC) settlement does not necessarily waive your rights to sue for labor violations, harassment, or discrimination. However, it's important to understand the scope of the settlement agreement and any additional waivers or releases you... View More
The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.
answered on Mar 9, 2024
I have never seen a case in Florida where an employee can sue his employer for damages suffered in a third-party criminal attack on the job based on security negligence. The normal remedy that an employee has for damages that occur on the job is workers comp. Additionally, you can sue the... View More
The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.
answered on Mar 9, 2024
If you were attacked by a customer while working at 7-11 and had previously reported threats from the same individual to your manager, you may have grounds for legal action against your employer. Employers have a legal obligation to provide a safe working environment for their employees and to take... View More
My lawyers have done many, many things to my case that have become very problematic to my overall WC case and literally my health. It looks like purposefully done actions because the only other angle is that it would be pure incompetence.
I now have a feeling that several of the last email... View More
answered on Mar 9, 2024
In California, as a client, you have the right to access your case file, which includes correspondence related to your case, such as emails and letters sent by your lawyer or paralegal to the defense attorney. This right is based on the principle that the client is the owner of the case file, and... View More
My lawyers somehow forgot to include a very important practitioner I used via the workers comp system, on an older claim, though this practitioner is key in discussing the situation on my cumulative injury newer claim. My lawyers are saying that my defense attorney may turn it down now even though... View More
answered on Mar 8, 2024
In California, the defense attorney has the right to object to the submission of new medical records or documents to the Agreed Medical Evaluator (AME) if they believe the records are not relevant, not properly authenticated, or not submitted in a timely manner. However, the specific rules and... View More
I wanted to find out the process of getting my files to the new lawyer, in general.
Is that for me to have orchestrated?
Is there a time frame for that process?
More specifically, my current lawyer, who has shown multiple signs of questionable actions of "dropping... View More
answered on Mar 8, 2024
In California, when you change lawyers, the new lawyer does not typically need to subpoena the old lawyer to obtain your files. The process of transferring files between attorneys is generally more straightforward:
1. The client should provide written authorization to the former attorney,... View More
Hello, last year around April I went to the doctor with joint pain I believed was a result of work. He ordered me physical therapy and some x rays but ultimately told me there was no was all my pain was caused by work and is likely fibromyalgia. Only months later around August when I decided on my... View More
answered on Mar 6, 2024
Under California law, the reporting timeline for a workers' compensation claim due to a cumulative injury, such as the one you've described, can be somewhat complex. Generally, the time limit for filing a workers' compensation claim is one year from the date the employee knew, or... View More
I'm in the subpoena process, & seeing that I need another subpoena for my Workers' Comp/Kaiser PCP, whom I've had for the past 2 yrs, for the appts of 2024. I happened to notice in my KP.org MyChart how my PCP has been entering notes about my upcoming appointment 1 to 5 days... View More
answered on Mar 4, 2024
In California, medical professionals are expected to maintain accurate and timely records of patient interactions and treatments. Pre-entering notes for an appointment before it has actually occurred is not standard practice and raises concerns regarding the accuracy and integrity of medical... View More
I have negligent lawyers, & I just am trying to make it through the AME stage making sure to pick up the pieces.
There was extremely important evidence from a practitioners, 2 actually. One of which I caught how the subpoena didn't actually happen for the one, got him to email the... View More
answered on Mar 4, 2024
In California, managing the submission of evidence in legal proceedings, especially in cases involving medical evaluations, requires careful adherence to rules and procedures. If critical documents were not included in your exhibit list for the Agreed Medical Examiner (AME), taking proactive steps... View More
Neither my supervisor or or Manager did an injury report do I need to return to work until a Worker’s Comp. claim is filed
answered on Mar 2, 2024
In California, if you've experienced a slip and fall at work and are now in pain, it's crucial to prioritize your health and safety. You are not required to return to work if you are medically unable to do so. First, seek medical attention to document your injuries and get the necessary... View More
I slipped on a wet floor, no signs were displayed, no witnesses but there are cameras.
answered on Mar 2, 2024
In California, if you're injured at your place of employment, even before clocking in, it's important to report the incident to your employer as soon as possible. Under state law, employers are required to provide workers' compensation coverage for injuries that occur in the course... View More
Contacted and was asked over an hour of questions by the investigator. DUI was over 15 years ago, completely unrelated. Still working full time but with modifications. WC case is pending.
answered on Feb 29, 2024
In the context of a Workers' Compensation (WC) case in California, investigators are tasked with gathering relevant information to assess the validity and extent of a claim. This can involve a wide range of questions about your medical history, work history, and potentially even your criminal... View More
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