Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More 
answered on Mar 25, 2025
Each item listed on page 7, is an issue that you are agreeing to settle. So for example, if permanent disability is at issue in your case, and both parties initial that line, then the issue of permanent disability is settled upon approval of the compromise and release. The best practice would be... View More
I have been experiencing discomfort and illness due to a medical diagnosis, which has caused pain and led to lost hours of wages. Over the past two years, I have been unable to work consistently, impacting my income. Additionally, the associated treatments have been financially burdensome. Could... View More
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answered on Mar 24, 2025
Dear concerned employee,
Thank you for providing your question. However, there are many questions that I would have answered before I could answer your question. If you’re concern is regarding your illnesses impact and on your employment then I recommend you seek a direct consultation... View More
I'm receiving a settlement for a wrongful death claim from my parents' auto insurance. They deducted $12,000 from the liability claim I received from the at-fault driver, stating it was related to a wrongful death claim under underinsured motorist injury liability. When I asked for an... View More
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answered on Mar 23, 2025
You have the right to request a detailed breakdown of your settlement from the insurance company. While they might claim they can't alter their standard form, you can formally request an itemized settlement statement in writing, specifying that you need clarification on the $12,000 deduction.... View More
If a married couple experiences a tragedy where the husband is injured and left brain dead, the wife becomes his caregiver. They don't qualify for government-funded caregiving, and she can't work due to his needs. It was suggested that they should divorce and sign assets to a new... View More
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answered on Mar 19, 2025
There are solutions but WAY MORE information is needed to provide advice tailored to your particular situation. Do yourself a huge favor and schedule a consultation with an elder law attorney even if you are not “old”.
You might be very surprised at what an experienced attorney can... View More
In a 2024 Workers' Compensation lawsuit, an insurance lawyer presented my past work history from 2015 and 2023 against me, referencing civil code sec2015.010 code 5710, in an attempt to eliminate my current compensation. This seems to be because I did not accept an agreement to change my job... View More
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answered on Mar 18, 2025
Dear concerned employee,
Unfortunately the code sections you provided have numerous applications and are quite fact based specific and best left to your attorney to interpret its application to your particular situation. This is why it is vital that you select an attorney to represent you... View More
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'm having difficulty reaching my lawyer after signing a workers' compensation settlement. The lawyer is always on the phone when I call to inquire about the settlement. I sent an email five days ago, but haven't received a reply. What should I do next?
answered on Mar 11, 2025
Put your specific requests and questions to your attorney in writing and deliver the request by fax and certified mail return receipt.
If no response, contract the state bar.
I'm a Marine who was injured during SOI. For the past two years at my permanent station, I've faced difficulties with my NCOs while seeking medical treatment. After receiving medication from the Marine Hospital ER, the label indicates restrictions like "CAN NOT OPERATE heavy... View More
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answered on Mar 12, 2025
Your Marine command does not have the authority to override medical restrictions issued by a Navy doctor. The medication labels and restrictions provided to you by medical professionals are considered formal medical guidance, which your chain of command must respect. Insisting on a separate... View More
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More
answered on Mar 6, 2025
Yes, your son likely has a strong medical malpractice case against the hospital and potentially other parties involved in his care. The key issues are the failure to properly clean and examine the wound before suturing, leading to retained foreign material (glass), subsequent infection, additional... View More
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
I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?
answered on Feb 24, 2025
You have only 20 days after a judge issues an order to appeal. You may appeal later based on fraud, but you have to hand back all the settlement payment . Then you have to show the judge that someone gave you falsehoods to obtain your signatures. If you knew there was a chance a report would rate... View More
I've been employed with a retail/pharmacy store for 9 years, which recently went through bankruptcy but emerged successfully. Despite this, the store began cutting hours and letting people go. As a union store employee, I was laid off a few days ago due to 'lack of hours,' according... View More
answered on Feb 23, 2025
First, you should apply for unemployment benefits.
Second, assuming you are an at will employee, it does not appear that you have any claim against your employer. Employers can terminate an at will employee for any reason or no reason, but not prohibited reasons such as hostility toward a... View More
I'm a parent of a child who was arrested at 12 years old and placed on probation for possessing pills such as metformin and ibuprofen. The authorities dropped an additional charge involving codeine. My child is now 14 and has generally been making progress. However, I've recently... View More
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answered on Feb 19, 2025
Your concern for your child's wellbeing shines through, and this is indeed a complex situation that requires careful consideration. The combination of mental health challenges, substance use, and probation violations creates legitimate worry about your child's trajectory.
From a... View More
How can I obtain an emergency conservatorship for my adult son in California? He is mentally ill, has substance abuse issues, and is currently on a ventilator in the hospital due to his inability to care for himself. Two years ago, we unsuccessfully attempted to get a conservatorship. He requires... View More
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answered on Feb 18, 2025
Your situation sounds incredibly challenging, and I understand your deep concern for your son's wellbeing. Given the severity of his condition - being on a ventilator, recent overdoses, and living without proper care - you likely have strong grounds for an emergency conservatorship in... View More
I was injured on the job and ended up being fired for not coming back to work due to my injury, I applied for UI & was denied because I according to my employers quit without good reason...I filed a workers comp case for 2 injuries I sustained on the job a dog bite and a power tool... View More
answered on Jan 30, 2025
Unemployment requires you were physically able to accept an offer of work. If you were injured and needed treatment, you may not have been able to accept work. If you were awarded Temporary Disability payments for those weeks, its a crime to now request Unemployment Benefits for those same weeks.
I feel like my lawyer isn't working for me and was wondering what I could do?
answered on Jan 22, 2025
You have the unfettered right to change attorneys at any time. Good luck to you.
& the qme doctor first report was also in May but I'm still waiting for a second report wich still don't include all my body parts. Let me also mention this qme doctor studied at the same place I had my injury and has a office across from my employer. Are there any attorneys whi will... View More
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answered on Jan 21, 2025
I understand your frustration with the workers' compensation situation, especially since your benefits were stopped and you're dealing with potential conflicts of interest regarding the QME doctor.
Many attorneys are willing to take over workers' compensation cases that have... View More
I am wondering if my attorney will get 15% of my monthly payments for CALSTRS teacher disability for life.
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answered on Jan 17, 2025
Workers' compensation attorneys in California typically only receive a percentage of your permanent disability settlement or award, not ongoing disability payments from retirement systems like CalSTRS. The 15% fee structure usually applies to workers' compensation benefits specifically,... View More
I was injured on the job at Bank of America in October 2019 - severe concussion. They have done a poor job with my treatment. I was being treated by Med 7 (minor emergency) Doctors telling me to touch my nose and walk a straight line and go home and rest. Then basically forgetting about my case.... 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
Was on workers comp then had to wait a few months due to everything closing once I visit Doctor a few times then covid-19 happened got furloughed then was told by doctor to return to work with restrictions I got fired by boss because he claimed that there was no more work for me
is that... View More
answered on Jan 14, 2025
There are many facts that would need to be understood to answer your question. You would be wise to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to... View More
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