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I have been awarded a Finding and Award from the WCAB on August 18th, 2023, but my employer has failed to pay. I filed with the local court, but they said the finding and award are not valid as it is not a judgment. My lawyer will not assist further and has archived my file. How can I collect the... View More 
answered on Mar 15, 2025
Did you join the Uninsured Employers Benefits Trust Fund? If not, that is malpractice by your attorney. Once joined, this fund pays any award that the employer does not pay! You do not have to chase down the employer for payment. The fund pays you, then they try to collect from the employer.
I was injured at work six months ago and didn't receive any documentation or report from my employer. Recently, I sprained my back after being asked to lift heavy cases, despite informing my assistant manager about the difficulty. I am now on workers' compensation and modified work, but... View More
answered on Mar 3, 2025
yes, you should hire an experienced workers compensation attorney to help you through the complex work comp process. The claims adjuster at the insurance company assigned to your case, is your opponent, your adversary. The insurance company has a legal obligation to the employer and shareholders of... View More
Hello, I'm a little confused as to the 1 year reporting deadline for filing workers compensation for cumulative injuries. There seem to be multiple definitions online that somewhat contradict each other. A while back I began physical therapy for pain in my joints which was exacerbated from... View More
answered on Mar 22, 2024
1 year to file in WC court from time you knew you sustained a work related CT. Usually this means a doctor telling you. But if your still working for the same company there is no limit period. You should hire an attorney rather than think you can do it alone. Your in deep water swimming with claims... View More
32% impairment rating. employer most likely won’t take me back because of my work restrictions
answered on Jan 3, 2024
The time frame from MMI to settlement can be as short as a few days or it can be months. However, the better question is, how long from MMI to settlement check in hand? Once the case settles, it must be approved by a work comp judge, which can also take days or weeks depending on the judge. Then... View More
I recently retired, but my medical condition developed while I was employed. I did not report this condition to my employer or file a workers' compensation claim before retiring. Can I still seek compensation from my previous employer for this health issue?
answered on Apr 18, 2025
You probably can. Did you see a doctor prior to retirement and tell the doctor you think your symptoms might be work related? There are many factors to consider so a consultation with a workers compensation attorney would be beneficial
I received a Finding and Award from a California Workers' Compensation Appeals Board judge, issued in my favor while my employer was based in California. My employer has since relocated to Kentucky. The Kentucky court where the employer is located will not enforce the award as it is not a... View More
answered on Apr 16, 2025
I must assume the employer was uninsured being the reason you want to try to collect against them. Did you not join the UEBTF to your case prior to trial? I don’t understand how you could go to trial against an uninsured employer without joining the UEBTF? Did you have an attorney representing you?
I have a Certified copy of a WCAB Finding and Award that I need to submit to the Van Nuys Superior Court in California to have it turned into a judgment. I cannot visit the court in person and plan to mail the certified copy. What forms or additional documents, if any, do I need to include with my... View More
answered on Apr 16, 2025
You don’t need to do what you are describing. Once you have the award the carrier pays it
I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my... View More
answered on Apr 8, 2025
your good to go. call claims adjuster and tell them you're the new sheriff in town; they deal with you now. Unfortunately, you don't know the rules of the game however. I recommend you find a better lawyer. they are out there. some have a free App so you can see your case status through... View More
answered on Nov 27, 2024
Yes you are describing an injury that occurred at work. You have a work comp case. Of course the carrier will deny it. So hire an attorney and prove it up! It’s easy for you the lawyer does all the wound you pay nothing out of pocket ever.
I reported a psychological injury in February, and I still have not even been evaluated. My claims adjuster has been avoiding both my emails and phone calls. It is almost June.
answered on May 21, 2024
That AI answer is just annoying. Anyway you should call an attorney, one that breathes, and get a real consultation about your rights in your particular situation.
answered on Apr 5, 2024
Not enough info. Pre or post surgery? Is 12% accurate? Has it been challenged? Is there a second opinion? Is there radiculopathy into lower extremities? You will never get an accurate assessment of your unique case without a personal consultation with an experienced workers compensation attorney.
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
i believe the answer of Arrasmith is AI generated and he did not type that answer himself in real time. its very generic and has no personality, no soul. just saying this so you know that i am a real attorney typing this as i think of the words to say. you dont need to worry about time frames,... View More
There is a statutory maximum I know that cannot be passed. But what about an amount due to cola that passes 66.66% but is still below or at the maximum for the state. (California) This scenario is for a High wage earner pre 2003 accident where no 104 week cap exists for TTD. Is 66.66% ever... View More
answered on Feb 7, 2024
No. the law has no provision for a COLA adjustment for TTD, ever.
Important due to natures of injuries the right confidence in the lawyer is very important. Not looking for mill type of style. Someone who still answers their phone and takes time to see if they can manage this type of case. After ten months more injuries getting discovered. Going to behavioral... View More
answered on Jan 24, 2024
work comp attorneys are not allowed to solicit business on this site. you will need to reach out on your own.
I was taken to the ER and my driver license was suspended. I’ve been having 3 seizures after the incident but have not gone to the ER because I do not want my license to be suspended for longer. Can I sue my employer under their WC policy?
answered on Jan 12, 2024
You will need to show some connection of your work to the fall. Did you move quickly and experience dizziness?
What form does my doctor fill out to request my wife being home from work to care for me.
answered on Nov 11, 2023
Your attorney should have set that up well in advance of a finding of PTD. The way to get this done is to have your attorney take care of it.
Since his injury happen, 6 months had to lawyer up. Now my cousin needs a complete hip replacement and is at risk for AVN disease and Crosis if not taken care of. He’s been handicap like this for a year and 2 months now and now other injuries are occurring due to his hip not being fix. He’s... View More
answered on Nov 9, 2023
Thank you for your work comp question. you seem to be in the dark about the reasons the case is in the position it is in. if that is the case, either your attorney is explaining things or not and /or perhaps you still dont understand? work comp is complex but a good attorney makes it simple to... View More
I told my son I would pay him whatever law requires and whatever they pay me. How much does workers comp owe by law? He has been my caregiver for past seven months.
I got approved for 24/7 care
I had a quadruple fracture as well as torn ligament. Still unable to walk. Also fell on... View More
answered on Oct 18, 2023
Generally work comp pays the going rate for a care giver. your doctor has to define the exact hours and days needed and for how long. it sounds like you have a significant injury case and you are representing yourself?
I was going to go to my employer to see a doctor for cumulative injuries. I have read in some places it is better to go to your employer's occupational clinic first because otherwise they will say well why you didn't go to them first. But other places I have read that they are not acting... View More
answered on Oct 16, 2023
I am unsure about the other answer being AI generated. Anyway I am a real attorney answering your question. You have to go to the clinic for first visit only. Then you can and should switch to an independent doctor, not one that markets themselves to the insurance companies. This is where an artist... View More
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