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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Employer wants employee's medical info without medical release, is that legal?

Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?

Nancy J. Wallace
Nancy J. Wallace answered on Sep 16, 2021

This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I would like to talk to A attorney It's about sewing a company that I'm with

I was checking out reviews from Angie list and home adviser and I've been waiting for a year and I've been here since things about them and I'm making leads that wasn't real and I'm out of a lot of money and I just want to know am I the only one

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

First, this is not Worker's Comp- WC deals with injuries at work. You should post in Employment law so the right attorneys see your post. You don't provide enough information to evaluate your situation. Is this a wage issue? Harassment? I suggest you should contact a local attorney to... Read more »

2 Answers | Asked in Contracts, Government Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Sep 10, 2021

There are not enough important details in your question to be able to get give you a good answer. For example, who owned the garbage truck? Who was driving the garbage truck? Where did this happen? You may actually have both a personal injury claim and a workers compensation claim. You should... Read more »

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Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2021

I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... Read more »

1 Answer | Asked in Appeals / Appellate Law, Employment Law and Workers' Compensation on
Q: do you represent american federal employees residing in europe?

i was wrongfully terminated. My case is now in the supreme court. I probably would have already won had I had a lawyer. I was unable to abtain a lawyer here.

The violating issues are:

termination, suspension, warning, Wrongful termination, denied accommodation, denied sick... Read more »

Katie Marie Charleston
Katie Marie Charleston answered on Sep 8, 2021

It is unclear whether your case in front of the U.S. Supreme Court or a foreign court. Either way, representation is encouraged. You can find appellate attorneys through a search on Justia to view their profiles and then contact them directly if you would like a consultation. Best of luck!

1 Answer | Asked in Consumer Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: My friend lent his boss money, the boss picked a fight with him and fired him without paying him his money back.

There was no contract

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend may sue for repayment of the loan, with the option for first having an attorney send a demand letter. If the verbal terms of agreement were that the loan should be re-paid within a time period that was a year or less, the verbal agreement is enforceable.

1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Injured on the job

I got injured on the job. Do I have to accept worker’s compensation or can I file a lawsuit?

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Sep 8, 2021

In most instances your employer will have worker compensation immunity from law suit. However, there are certain but rare circumstance where you may be able to file a lawsuit against your employer. In some circumstances, you may be able to pursue both a worker compensation claim and a lawsuit... Read more »

1 Answer | Asked in Workers' Compensation for Oklahoma on
Q: Negotiated a WC settlement through mediation to include self-administration of Medicare set-aside. Recd letter from atty

today, that they refuse to be part of a settlement where I would self-administer the set aside. They said they would put a lien on the settlement and I could deal directly with opposing counsel. Is this for real?

Charles Watts
Charles Watts answered on Sep 2, 2021

If you hired an attorney and they were working on things for you then you have an agreement with them. In which you most likely signed something saying they get paid and if not they file a lien. So it is probably for real. You need to contact them to discuss things directly.

1 Answer | Asked in Workers' Compensation for California on
Q: The Settlement of $20,000 means that we are paying $3480 of the Permanent Disability to your mom’s knee plus $16,520.

Please help me understand in simple terms? What money is she getting at the end

Ronald Mahurin
Ronald Mahurin answered on Sep 1, 2021

I regret to say that your question cannot be answered without more information. The obvious explanation is that defendants are paying a remainder of permanent disability in a lump sum of $3480 and about $16,000 to close out future medical treatment, but again I cannot say without more information.

1 Answer | Asked in Employment Law, Workers' Compensation and Health Care Law for Massachusetts on
Q: If many former employees are suing the administrator of my job and it's a valid case if I join in would I be fired?

The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.

Michael Brevda
Michael Brevda answered on Aug 29, 2021

This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.

1 Answer | Asked in Workers' Compensation for Georgia on
Q: I was injured in 2018. Tore my gastrocnemius and soleus muscle in my calf, as well as nerve and vein injury.

Was told I had permanent nerve damage. Muscle re-tore at work in 2019. Last spring (21)Was told nothing can be done. I have received no reports on medical closure, but just got a check of $19,650. The statement stated 20% for 45 weeks for partial permanent disability. This does not sound correct... Read more »

Tristan Blain Morrison
Tristan Blain Morrison answered on Aug 29, 2021

I'm sorry to hear that you got hurt at work, and even more sorry that it's a permanent injury. From your description, it sounds like you have at least one accepted workers' compensation claim. Work comp claims typically involve three kinds of benefits (think of it as three buckets... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for Alaska on
Q: Can I sue for improver covid isolation and obligated to return to work being covid positive? I'm not feelin well.

I work for a cannery in Alaska 16hrs shifts, they provide food and room. They hire us from out of state. I tested positive last month and this month again due to a roommate having covid. I have chest pain and can't return to work and I still have covid. tested positive three days ago. I... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 29, 2021

This is something that an experienced workers' comp attorney should advise on, but your question remains open for two weeks. COVID has introduced new issues in the workers' comp sector, so it would be best for you to reach to an experienced attorney. Many law firms in this field offer... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: While married you have a workers comp monthly payment. You then separate from your spouse and then are awarded a lump

settlement for future earnings. Is your spouse entitled to this lump settlement?

Glenn Neiman
Glenn Neiman answered on Aug 26, 2021

Unfortunately, I cannot answer your question. I (and my firm) handle only PA workers' compensation cases. The question you are asking is not governed by workers' compensation laws, but by family law. I would suggest you post this on the Family Law practice area. Good luck!

2 Answers | Asked in Employment Law, Workers' Compensation and Small Claims for Illinois on
Q: Is 820 ILCS 105/1-15 does not protect commercial drivers in the state of IL?
Charles Candiano
Charles Candiano answered on Aug 26, 2021

It protects ALL employees who are Illinois residents.

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Michigan on
Q: travel employee, injured while not on site. what can i do.

traveling mechanic for BAE systems from kansas working in michigan. at some point in the last 9 months i developed a hernia and cannot point to any specific event that caused it. I am basically being told go home and handle it while unemployed. this sounds fishy to me and im looking for any other... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2021

A Michigan attorney could advise best, but your post remains open for five weeks. It's difficult for attorneys to reach out to you within the format of this Q & A forum. This doesn't operate like an attorney referral service. If you haven't already spoken with an attorney, you... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Work comp doc put me on full duty trial, employer won't let me return. Am still in pain, doc says can't help anymore?

Sorry about my question was trying to fit it all in these boxes. I suffered a neck sprain at work over a month ago. I have been out of work since, my employer would not accommodate my restrictions which I understand they have a right to. Now my employer says I can not return bcuz I am still... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Aug 24, 2021

You're in PHOENIX? I can only answer for CALIFORNIA workers comp claims. The SMART solution is to change Primary Treating PHysicians to one who is only your side instead of 'in bed' with the insurance company. IF the doctor you are with now already wrote "MMI" then... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: Workers compensation contract

I got ran over by a garbage truck while working. I was rushed to the hospital and had to stay for one night. I don't remember signing workers compensation contract. If I was drugged up at the hospital and a workers compensation agent comes in and had me sign their papers, do that counts? Am I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2021

You need to contact a member of the Florida Assn for Justice who focusses their practice on Workers Compensation issues.

They give free consults.

Note if the situation is vehicle related, in some states vehicle insurance medical payments can cover the portion of your wages comp...
Read more »

2 Answers | Asked in Workers' Compensation for Florida on
Q: Workers compensation contract

I got ran over by a garbage truck while working. I was rushed to the hospital and had to stay for one night. I don't remember signing workers compensation contract. If I was drugged up at the hospital and a workers compensation agent comes in and had me sign their papers, do that counts? Am I... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Aug 20, 2021

You may have a third party case and the contract you signed could be voidable depending on the unique facts of the case. Discuss with counsel here in Florida about possible contingency fee representation.

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1 Answer | Asked in Workers' Compensation for Indiana on
Q: I contracted covid-19 December 2020 and have had continued complications from the virus. Am I eligible for worker's com?

I contracted the virus at work, kroger. I am still having complications from the virus and unable to work. I was advised I might be eligible for worker's comp.

Charles Candiano
Charles Candiano answered on Aug 19, 2021

Probably not. You are neither a healthcare worker nor a first responder. Hundreds of thousands of people have contracted this virus which is to say that the likelihood of PROVING your exposure to be work-related is very low. Moreover, Workers' Compensation has express exceptions within the... Read more »

1 Answer | Asked in Workers' Compensation for Washington on
Q: When should I hire an attorney to appeal a permanent partial disability claim?

Was awarded workers comp for acute leukemia caused by chemicals. Had several permanent physical changes (kidney issues, permanent ostomy, ostopenia, heart issues, sterile) due to extensive treatment and bad reactions to treatment. Workers comp only awarded PPD for one of the physical changes... Read more »

Steve Dashiak
Steve Dashiak answered on Aug 18, 2021

I say this as someone who is not a workers comp attorney: Please, never go through a WA workers compensation claim without an attorney again. It's possible you've left an enormous amount of money on the table. People get fee sensitive when thinking about workers comp attorneys, knowing... Read more »

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