Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Nikki Mehrpoo Jacobson
3 Answers | Asked in Workers' Compensation for California on
Q: The carrier accepted my claim been 30 days yet to pay any workers Compensation benefits ,

temporary totally disabled for a year I'm still under my doctor's care, will the Board access late fees. I've not received any letter regarding how much my benefits will be stalling tactics

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

If you are still qualified for temporary disability and the doctor has submitted the necessary forms/reporting to the insurance company, the insurance company must pay you an additional 10 percent of the payment, if the claims administrator sends a payment late.

This is true even if there...
View More

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: I tore a tendon in my foot trying to catch the elevator at//before work. Should comp or regular insurance cover this?

I work for a mechanical contractor, and this happened before work, on the job site property. I told my foreman, and he said to go home if I was hurting, I told him I would be ok and just needed a minute. I continued to work for about three hours, I was still in a LOT of pain and decided I should... View More

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

Based on further facts, this may be a workers' compensation matter however you should definitely consult with an experienced workers' compensation attorney. Work injury lawyers provide free consultations and it could as simple as a phone call.

2 Answers | Asked in Workers' Compensation for California on
Q: Why would an claims adjsuter suddenly say that all further communication must be directed to his/her attorney?

I have an attorney.Just didnt think to ask her.

I appreciate the lawyers response,though you are correct.You dont know me or my case.I have never spoken to this claims adjuster.I was given a new adjuster for reasons that I am not aware of.

As far as being rude to this adjuster,my... View More

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

If you are represented by an attorney, the insurance company and their attorneys are NOT ALLOWED to speak with you without your attorney's presence or permission. If you have an attorney, there should be no reason to call the adjuster directly. EVERYTHING should be handled through your attorney.

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: On workman's comp, if your not satisfied with the treatments, can you go elsewhere and still be covered?
Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

If your employer/insurance company has a medical provider network, MPN, you are to treat with the doctors within their network. However there are exceptions: going to the emergency room, if your case is denied, if the doctor within a specific specialty is not in the network, or the doctor is too... View More

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: stepson is out on workmans comp the business is temp shut down due to fires. should he continue to be paid wrkmns com

my stepson is out on workman's comp the business (Yosemite park) is temp shut down due to fires in northern California. Should they continue to be pay him workman's comp since he has not yet had surgery even though they are temporarily closed? they seem to be dragging their feet on his... View More

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

Payment of temporary disability (TD) benefits is based on the medical reports provided by the primary treating physician (PTP) and his or her determination. Regardless of the business now being open or not. An injured worker MAY get up to 104 weeks of TD based on the doctor's reporting.... View More

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: The insurance carrier accepted my claim, it has been almost 30 days since they accepted my claim, I have yet to be paid.

I'm still collecting SDI my attn finally filed for an expedited hearing, what can I expect? do I receive penalties for late payments

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

If your injury is covered by workers’ compensation, your first TD payment is due within 14 days after your

employer learns that:

• You have a job injury or illness;

and

• Your treating doctor says your injury prevents you from doing your job.

You should...
View More

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: I was hurt in 2015 and currently work under modified duty for my Employer. Do the 104 weeks of Worker's Comp apply to me

I am employed through a return to work program and am paid by my Employer. I have had two surgeries and I am still in pain and due to that I am on modified duty. I just want to know if the 104 weeks apply to me.

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

TD payments begin when your doctor says you can’t do your usual work for more than three days or you get

hospitalized overnight. Payments must be made every two weeks. Generally, TD stops when you return to

work, or when the doctor releases you for work, or says your injury has...
View More

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: Can I fire my workman's comp lawyer and get a new lawyer if I think my current lawyer is not being helpful

It has been 3 month since I had my deposition and I still have not heard from my lawyer. It has been 3 weeks since my MRI and not heard from my doctor either.

Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

However, be careful that if you fire your lawyer, another lawyer is willing to take the case. You should consult with a new lawyer BEFORE firing your current lawyer.

View More Answers

3 Answers | Asked in Workers' Compensation for California on
Q: If a dog bit me while I was working in my office, can I file for workers' compensation?
Nikki Mehrpoo Jacobson
Nikki Mehrpoo Jacobson
answered on Aug 8, 2018

AOE/COE. “Arising out of and in the course of employment,” or caused by a worker’s job and occurring

while working. An injury or illness must be AOE/COE to be covered by workers’ compensation.

So the specific facts of your case will be important to determine liability on your case.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.