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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Mississippi on
Q: Where is the law in the State of Mississippi that you have to provide a recorded statement to a claim adjuster ?

I keep getting it is standard.

Andrew Charles Burrell
Andrew Charles Burrell
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

1 Answer | Asked in Workers' Compensation for California on
Q: If an injured worker files a claim and the others insurance accepted the case, shouldnt there be benefits issued immedia
James L. Arrasmith
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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

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Am I waiving my rights to sue a for labor violations, harrassment, and discrimination if I sign off on a WC settlement?

Workman's comp

James L. Arrasmith
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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

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Am I waiving my rights to sue a for labor violations, harrassment, and discrimination if I sign off on a WC settlement?

Workman's comp

Neil Pedersen
Neil Pedersen
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

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

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.

James L. Arrasmith
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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

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

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.

Stephen Arnold Black
Stephen Arnold Black
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

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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Can I request the emails/letters sent by my lawyer/paralegal on my behalf to defense attorney?

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

James L. Arrasmith
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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

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What documents can a defense attorney turn down for submission to AME doctor/evaluation?

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

James L. Arrasmith
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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

1 Answer | Asked in Workers' Compensation for California on
Q: When you change lawyers, does the new lawyer need to subpoena the old lawyer to get my files?

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

James L. Arrasmith
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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,...
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3 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for California on
Q: 1 year reporting deadline for workers compensation cumulative injury?

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

James L. Arrasmith
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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

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1 Answer | Asked in Workers' Compensation for California on
Q: Is it normal for a Workers' Comp PCP to enter notes about your appt. hours/days BEFORE you actually have appt?

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

James L. Arrasmith
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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

1 Answer | Asked in Workers' Compensation for California on
Q: Subpoenaed docs, in Merssa (SP?) system, 'somehow' didn't make it into my exhibit list to AME Dr. What do I do?

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

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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

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I had a slip and fall yesterday at work. I am now experiencing a lot of pain and discomfort. Do I need to return to work

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

James L. Arrasmith
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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

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4 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I slipped and fell at my place of business but I had not clocked in yet. My bosses did not do an injury report

I slipped on a wet floor, no signs were displayed, no witnesses but there are cameras.

James L. Arrasmith
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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

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1 Answer | Asked in Workers' Compensation for California on
Q: Good morning, can a WC investigator ask if you have had a unrelated DUI if you suffered a shoulder injury at work?

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.

James L. Arrasmith
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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

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: Using private insurance during workers comp claim.

Hello, can my private insurance demand I repay them for any treatment or diagnostics they've paid for once I file for workers compensation? Also could my current private doctor refuse to further certify me for disability if I file? She says she would continue certifying me for short term state... View More

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answered on Feb 29, 2024

In California, if you use your private health insurance for treatment related to a workplace injury and later file a workers' compensation claim, your health insurance company may seek reimbursement for the expenses from the workers' compensation insurance. This is because workers'... View More

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: What kind of attorney is needed to assist with workers compensation claims, maximum medical insurance?

My dad was trying to open the trailer door to unload goods but faced some difficulties. He fell back and hit his head on the ground because some rubber handles had come off while attempting to open the door. Later that day, he wasn't feeling well, so we took him to the ER. The X-ray showed... View More

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answered on Feb 27, 2024

To assist with workers' compensation claims and ensure maximum medical insurance coverage under California law, you'll need to seek the help of an attorney experienced in workers' compensation law. These attorneys are well-versed in the complexities of workers' compensation... View More

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: What would a workers compensation settlement mean for the future?

I had few questions involving filing a possible workers comp claim. I was reading about the 2 separate settlements, the second one would absolve the employer of any further medical obligation, does that mean I can go back to my medical insurance to cover my injury, or will they no longer treat me... View More

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answered on Feb 26, 2024

In California, when you accept a workers' compensation settlement that includes a clause absolving your employer of further medical obligations, this typically means the settlement amount is intended to cover future medical expenses related to your injury. If you opt for this type of... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Is there deadline to submit CA WC mileage if claim was settled with medical left open & still being seen by a Dr?

If no deadline, is there a specific statute that indicates this and would it matter if the time frame goes back say more than a decade? Would it matter if my claim(s) was transferred to another insurance company during said timeframe? Is there a deadline with which WC would have to make full... View More

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answered on Feb 24, 2024

In California Workers' Compensation (WC) cases where the claim is settled but medical treatment remains open, you generally have the right to seek reimbursement for mileage related to medical appointments, treatments, and pharmacy visits. While there is not a strict deadline for submitting... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Got injured at work in Nov. I received a letter that said Amended Notice of Payable Compensation. What does it mean?
Timothy Belt
Timothy Belt
answered on Feb 24, 2024

It means that changes may have been made from the original Notice of Compensation Payable. Read it and compare it with prior Notices received. The Amended Notice may not contain any changes, but it is better to carefully review just in case.

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