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answered on Jul 21, 2025

Dear injured employee,

I’m sorry to hear about your injury at work. I recommend that you immediately report it in writing by text or email to HR or manager that you injured your back. You do not need to get into the details. This will protect your rights and allow you to seek a legal... View More

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answered on Jun 23, 2025

Dear injured worker,

No, indemnification in a C&R does not guarantee all expenses after MSA exhaustion without litigation.

Even with “hold harmless” language, the carrier could still dispute future treatment costs (like surgery), and you might have to litigate to enforce the... View More

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answered on Jun 18, 2025

Dear injured worker,

In a California workers’ compensation claim for psychological stress (e.g., from discrimination, retaliation, or cyberbullying), you are not automatically required to release all medical records. You only need to disclose records that are relevant to the claimed... View More

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answered on Jun 12, 2025

Dear injured worker,

Thank you for your inquiry. The information you provided would indicate that your dispute should be handled through the WCAB and by your attorney. The court takes fraud very seriously and can’t issue ruling as to the admissibility of any documentation that was... View More

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answered on May 24, 2025

Dear injured worker,

Thank you for reaching out. Since you previously settled your workers’ compensation claim, that matter is closed and no longer within the scope of workers’ comp benefits. However, if your current issues are due to failed hardware from your 1996 surgery, you may have... View More

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answered on May 8, 2025

Dear Injured Worker,

Based on the information provided, it appears that your mental stress may be work-related and, given that you have been employed with your current employer for at least six months, you may be eligible for Workers’ Compensation benefits. It is important that you retain... View More

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answered on May 6, 2025

Dear injured worker,

Your son can be a beneficiary of your workers compensation benefits that have accumulated and have not yet been paid out at your death. Typically this applies to permanent disability that has not yet been paid out. Future medical care is not an accumulated benefit and... View More

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answered on May 6, 2025

Dear injured worker,

I am sorry to hear about your personal situation. The good news is that as a general rule workers compensation benefits are your separate property and not subject to community property distribution in a divorce. I recommend you confirm this with your divorce attorney or... View More

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answered on May 3, 2025

Dear injured worker,

I am sorry to hear about your predicament. As a general rule incarceration is not a toll to the one year statue limitations for filing of a Workers' Compensation claim in California. There are rare exceptions such as mental or physical incapacity. If you believe... View More

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answered on Apr 24, 2025

Dear concerned employee,

Your situation is unfortunate but not unusual. Fortunately, not all mold exposures lead to long-term health issues. Yours seems to be significant and should be of concern. You have the right to be compensated for any medical cost and disability for your time off of... View More

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answered on Apr 8, 2025

Dear injured worker,

It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented.... View More

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answered on Mar 28, 2025

Dear concerned employee,

I understand your frustration with not getting your PTO or sick time when requested. My specialty is in workers compensation and this falls outside of my specialty. Additionally there are other factors that could affect your rights. My recommendation is that you... View More

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answered on Mar 25, 2025

Dear concerned,

You are correct to be concerned that you do not prejudice any other claim you have against your employer. Initializing the boxes on page 7 of the compromise and release does not limit your ability to pursue a civil claim, however it can affect other discriminatory claims... View More

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answered on Feb 25, 2025

Dear concerned injured worker,

It is difficult to overturn a settlement agreement but you may still have time to withdraw from your settlement. First and foremost is to immediately notify your attorney and secondarily seek advice from the Information and Assistance office at your local... View More

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answered on Jan 16, 2025

Dear concerned injured worker,

Head injuries are some of the most complex injuries to diagnose and treat, especially in the workers compensation medical care system. I would strongly urge you not to accept the payout if that means a resignation of your job or if you have not been properly... View More

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answered on Dec 24, 2024

Dear injured worker,

I am sorry that you have encountered difficulties with the attorney you hired. You have two options available to you if you cannot find another attorney to take the case. The first is to contact your local Bar Association and ask for the Lawyer Referral service. Many... View More

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answered on Dec 21, 2024

Dear injured worker,

Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the... View More

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answered on Dec 20, 2024

Dear Injured Worker,

It is difficult to evaluate the value of a claim without the opportunity to review the medical records. However, the fact that you still have screws in your ankle would indicate that your claim has a higher value than $38,500. It is not unusual to seek a second opinion... View More

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answered on Nov 25, 2024

Dear injured worker,

It is not unusual to have the insurance company issue payments towards a settlement without actually having a settlement. This does not mean that there won’t be a settlement at some point. If you had a knee replacement then you have a substantial Worker’s... View More

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answered on Jul 26, 2025

Dear frustrated applicant,

Your situation is not unusual if you don’t have an open line of communication with your attorney. Your situation is also not unusual in workers compensation court hearings. That is that hearing’s often get rescheduled, postponed are delayed. Unfortunately... View More