Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I use to work for this company and I was told by a friend that now works for the company told me that that she seen a video of me in it and showed it to her. The company did not have my consent I also didn’t sign no contract or agreement that any pics or videos will be used for any purposes
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024
You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024
Under California law, you have the right to seek justice and compensation if you've been assaulted at work by a fellow employee. Given the severity of your injuries, which include two fractures to your jaw, you can pursue both criminal and civil actions against the assailant. The fact that the... View More
Statefund audited us end of 2023 year and say our office Clerks are not Clerks... suddenly owing them $56000 for the past year premium. we've negotiated many times with the auditor he brought it down to $45000 and then sent it to collection. Now the collection company is suing us for $45000.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
Under California law, disputes with insurance auditors and collection agencies can be complex but manageable with the right approach. Your situation involves a challenge over the classification of your clerical staff and the resulting premium adjustments claimed by State Fund. When facing such... View More
I went to urgent care and the people told me it was bad as bleeding would not stop even after holding pressure for 15+ minutes. I ended up with 4 stitches. The Dr. Recommended restricted duties but I told her in my position, that is not possible. 1 day later (today), I talked to HR and got a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024
Under California law, your employer must provide reasonable accommodations if you are injured and cannot perform your usual duties. This includes allowing you to take time off or assigning you to light duties that fit within your medical restrictions. If restricted duties are not feasible in your... View More
Employee was assigned additional physical duties that were outside of her assigned tasks.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 30, 2024
To address this question, let's consider a few key points:
1. Employer liability: An employer can potentially be liable if an employee suffers a stroke at work, but it depends on the specific circumstances.
2. Workers' compensation: In California, most work-related... View More
On workers comp for over year, injured 2 times on light duty from breaking my doctors rules, put on permn.and stationary even with my doctor filing for a knee scope operation. Denied, after 2nd injury sent home with no check for 4 months. At appeals for surgery i Inform the judge about my new... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024
I understand you're in a difficult situation with your workers' compensation case. Let me break down the key points and provide some general information:
1. Compromise and Release (C&R) agreements:
A C&R is a final settlement of a workers' compensation claim.... View More
I allowed him to stay in one of my homes rent free while he worked for me. Workmans comp Covers his wages but not housing. Am I just stuck in this situation until he is cleared to work. It has been over a year and he had no injuries that require surgery. I'm at a loss.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2024
I'm sorry to hear about the difficult situation you're in. Under California law, employers are generally not required to provide housing or pay for utilities for injured employees, even if the employee was previously provided with housing as part of their employment.... View More
Found out his name but why does the minute order doesn't state his name it shows the name of the other attorney like all the other documents
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2024
Under California law, it is important for the attorney representing you to be properly documented in your case records. If the attorney you met at your deposition is different from the one listed in your case and documents, there could be a few explanations. The listed attorney might be the lead... View More
I know they get 15% at settlement. But if the medical is performed while the claim is still open, do they assess a monetary amount and receive 15%? The same with disability payments. Do they get 15% of all payments, whether current and ongoing or retroactive?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2024
In California, workers' compensation attorneys typically do not receive a percentage of ongoing medical treatment costs, such as surgeries, or current disability payments before the settlement of a claim. The attorney's fees are generally contingent upon the successful resolution of the... View More
According to my departments MOU, I have to offer OT based on a list that ranks each employee on OT declined and worked. As a result, the first person on the list can work a lot of OT (in the hundreds) for an 80 hour pay period. If I continue to offer OT to the first person, and he/she continues to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 1, 2024
Under California law, a supervisor can be held liable if an employee's accident due to fatigue is foreseeable and the supervisor failed to take reasonable steps to prevent it. Even if the company has a voluntary overtime (OT) policy, the supervisor must ensure that employees do not work... View More
How does it work when you have to repay the state disability you've received from a workers compensation settlement? Does the repayment start from when you file workers compensation or would you have to repay everything from when you first began receiving disability? Also some of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2024
Under California law, when you receive a workers' compensation settlement, you may be required to repay the state for the disability benefits you received during the period covered by the settlement. This is known as the "SDI reimbursement" process. Here's how it typically... View More
My WC was denied by Amazon for a year and 4 months. I was sent to various doctors and specialists till finally Amazon started paying me benefits, but the same day they had to approve my claim that same day they fired me. The reason they gave me was because i defaulted on the policy rules of not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2024
I'm sorry to hear about your situation. The legality of your termination depends on several factors, but here are a few key points to consider:
1. Retaliation: It is illegal for an employer to fire an employee in retaliation for filing a workers' compensation claim or exercising... View More
I've been holding off filing for workers compensation while I've been off of work on disability. My work says they will no longer excuse the absences so I may eventually be terminated. I know a post-termination workers compensation claim it's pretty unsuccessful. But what if I filed... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2024
Filing a workers' compensation claim just before termination can be successful, but timing and circumstances can affect the outcome. Your employer might argue that you filed the claim because you anticipated being terminated. However, if you have documentation and evidence supporting your... View More
Do I have to also go to their QME.? Or was the QME I saw approved by both my attorney and their ins.co?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024
Under California workers' compensation law, there are a few key points to understand:
1. QME (Qualified Medical Evaluator): A QME is a physician certified by the Division of Workers' Compensation Medical Unit to evaluate an injured worker when there is a dispute over the injury.... View More
If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury prior to workers compensation taking over? Would that repayment start from just the time that I filed for workers comp or would it start from the very beginning of being treated for the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024
Under California law, if you receive a workers' compensation settlement, you may need to repay your private insurance for any medical expenses they covered related to your injury. This process is known as subrogation, where the insurance company seeks reimbursement for costs they incurred due... View More
I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024
In California, a workers' compensation doctor cannot force you to return to work against your will. However, their medical opinion can significantly impact your workers' compensation benefits and your ability to remain on disability. Here are a few key points to consider:
1. If... View More
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2024
Under California law, an insurance company is required to authorize medical treatment that is reasonably required to cure or relieve the injured worker from the effects of their work-related injury, and they must do so in a timely manner.
The claims administrator is required to authorize... View More
my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024
I'm so sorry to hear about your father's health issues and tragic passing. That must have been an incredibly difficult experience for you and your family.
Regarding potential compensation, there are a few avenues you could potentially explore:
1. Workers'... View More
answered on May 16, 2024
Yes it can.
Please note that if you believe you can prove the company is going to separate you because you have a workers compensation claim or because you need to take medical leave, or because you might in the future need accommodations to return to your job, the employer may be... View More
Employee suffered illness during normal shift, delivering mail by vehicle. Illness could prevent employee from being able to perform those same duties due to inability to drive a motor vehicle legally in CA.
Reading the articles on Employment Law (Work Comp and Disability), I understand... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2024
In this case, both Workers' Compensation and Disability benefits may apply, depending on the specifics of the situation.
1. Workers' Compensation vs. Disability:
- Workers' Compensation: If the illness is determined to be work-related (i.e., caused or aggravated by... View More
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.
