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Questions Answered by Spencer Aldrich
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Business Law, Insurance Defense, Workers' Compensation and Personal Injury
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Q: Should I hire contractors with insurance for arborist work?
I'm in the process of hiring an arborist and am concerned about potential risks, such as the arborist dropping a tree on my house or a worker getting hurt on the job. Should I only hire contractors with insurance to cover such incidents?
PREMIUM
Spencer Aldrich
answered on Jul 24, 2025
answered on Jul 24, 2025
Personally, i would not hire anyone to do skilled and potentially dangerous work on my property without vetting that contractor and making sure they have proper licenses/certifications and are bonded and insured.
If one of their workers gets hurt on the job (at your house) it might be a WC... View More 
Q: Wrongful termination, employer unresponsive about rehire eligibility, falls, harassment, HR issue.
I was wrongfully terminated due to a work-related incident that caused bodily harm on August 27, 2024. Leadership requested my help with a spider on the wall while I was working my seventh consecutive day to get my birthday off. A step stool was provided, but I fell, injuring my hands, knees, and... View More
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Spencer Aldrich
answered on Jul 22, 2025
answered on Jul 22, 2025
Consult an employment attorney about the termination and WC discrimination aspect.
From a workers' comp perspective, if you sought treatment for the injuries sustained when you fell you should file a WC claim. You can download a Form 801 from the WCD's website, and they also have... View More
Q: Can an employee be terminated for filing a false worker's comp claim?
I work for a small company without an HR or legal department, and we have a situation where an employee claimed they were injured at home but later filed a worker's comp claim stating the injury occurred at work. They initially stated in writing and texted coworkers that the injury happened at... View More
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Spencer Aldrich
answered on Jul 8, 2025
answered on Jul 8, 2025
Someone else answered from an employment law perspective, so I'll answer just to comment on the WC perspective. The WC claim (fake though it may be) still needs to be processed. The employer should involve their WC carrier ASAP. If what is alleged is true, the WC carrier will conduct an... View More
Q: Seeking advice on pursuing compensation for spouse's illness due to workplace toxins and epidural malpractice.
My spouse became ill about a year ago while working in waterproofing homes, which exposed him to potential toxins and dead pests. His symptoms include loss of balance, cognitive problems, and forgetfulness, and they worsened after witnessing my traumatic labor due to an epidural placed incorrectly... View More
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Spencer Aldrich
answered on Jun 10, 2025
answered on Jun 10, 2025
What a horrifying experience...so sorry for what you're going through. I can only speak to WC as that's what I know. From a WC perspective, one of the most important aspects of getting a claim accepted is the necessity that there be a medical link between the work exposure, and the... View More
Q: What to do if Previous employer didnt process workers comp claim and I have to pay the medical expenses?
Back in March of 2022, I sustained and injury and was taken to the ER by my employer. The following day I filed for workers comp for the visit as well as follow ups for the injury. A few months after I received a bill from the hospital. I contacted my employers HR to get it straightened out which I... View More
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Spencer Aldrich
answered on Jan 11, 2023
answered on Jan 11, 2023
Sound like you were a Cal resident working for a Cal employer at the time of the injury, so jurisdiction would likely be in California's WC system (not Oregon's). You might consider posting this question in the CA forum, but really you should call a CA WC attorney.
If this were... View More
Q: My job says they require me to come in an hour early before my shift. But I'm not being paid for that time.
My job says they require me to come in an hour early before my shift. I asked if I get paid for that time? They said no, they just need me at work early. If I'm not being paid for my time can they fire me for not wanting to come in if I'm not getting paid for my time while there?
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Spencer Aldrich
answered on Dec 27, 2022
answered on Dec 27, 2022
Your question is more related to employment law and wage/hour than it is WC, but it doesn't pass my (WC lawyer) smell-test. You should be paid for the time you work. That's it. My recollection is that there's some flexibility...like, come in early and leave early or work extra today... View More
Q: I got a large burn at work. The first aid kit did not contain what I needed. Can I press charges?
The first aid kit at my work was under equipped and did not contain antibiotic ointment or conforming gauze rolls. I was not able to immediately treat my wounds and had to leave work and purchase my own first aid supplies.
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Spencer Aldrich
answered on Oct 13, 2022
answered on Oct 13, 2022
The simple answer to your question is "probably not." As your injury was on the job, your remedy is the Oregon WC system and that generally prevents you from being allowed to sue your employer for negligence (i.e. your harm caused by their breach of a duty to keep appropriately stocked... View More
Q: I was awarded a settlement by SC workers comp case on a bone infection case. However, the infection returned can I reopn
After settlement I was cleared to return to work, however the infection returned and I as forced to fight the infection w more surgeries/toe amputations that carried me well passed the 2 year limitations and finally lost my leg. Can I re open even though my medical battle went well passed the... View More
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Spencer Aldrich
answered on Sep 20, 2022
answered on Sep 20, 2022
First, if you had an attorney help you with the settlement you should go back to that attorney with this question. Second, be sure you have a copy of the settlement you signed and read it over. It should address what rights you released, and what rights you kept.
In a more general sense,... View More
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