Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I was injured at work on August 13th, work has a policy where they can only accommodate me for 90 days with restrictions. My 90 days have come to an end and I still haven’t had any physical therapy nor an MRI. I did retain a lawyer and saw a new doctor but I haven’t seeing any progress. Now my... View More 
answered on Nov 13, 2024
Hi there,
Yes, as the client, you have the absolute right to change lawyers at any time. Your concerns about your financial situation and medical recovery are legitimately, and should be taken seriously by your current attorney. I would start by having a conversation with them, and not... View More
I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!
answered on Nov 9, 2024
The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More
I just want to know if I’m suppose to file separately?
answered on Nov 9, 2024
You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More
Na
answered on Oct 31, 2024
They don't need your consent. Workers compensation claims are a public record. It seems that they just confused two people with the same name.
I was fired because I refused to get vaccinated while being on work comps benefits for an injury i sustained at work. This happen on January 2022. Can I sue my ex employer since now the laws have changed regarding the covid vaccine
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answered on Oct 26, 2024
Your situation involves several complex legal factors since it occurred during the height of workplace vaccine mandates in 2022. While vaccine mandates have indeed changed since then, legal claims typically need to be filed within specific time limits after the termination occurred.
You... View More
So it’s a workers comp case wrongful term they want to add and misclassification but attorney. Is not consistent just need advice
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answered on Oct 29, 2024
Selecting an attorney is an important decision, as whomever you engage will hold your legal interests, either as a person or a business, in their hands. It is critical to hire an attorney who is not only competent and trustworthy, but also one who will listen to you to determine the best way of... View More
I have two separate doctor's and only one has submitted a final report. The agent said she doesn't believe either FCE doctor nor my spinal doctor.
WC Agent, without notice sent me a termination letter 2 weeks after being terminated for APD benefits. I have two doctors and she... View More
answered on Oct 3, 2024
Hi there,
Your question is actually quite complex. In a California workers' compensation case, there are different scenarios where you will receive permanent, partial disability payments. The maximum rate of these payments is $290 per week. The length of time you receive these... View More
I know you can us it in civil matters, I just can't figure out if you can in Workers Compensation matters or not since WC is not a civil case.
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answered on Sep 26, 2024
In California, a medical provider cannot use a time limit demand in a workers' compensation case in the same way it's used in civil matters. Workers' compensation is governed by a different set of rules and processes, which focus more on medical treatment, disability benefits, and... View More
I had over 100 pounds of box’s fall on top of me while delivering to a store. It not happend once but twice. I injured my right shoulder lower back neck and upper extremity. I had surgery on my right shoulder. I went to a QME and was given 35% full body permanent disability. 3% was my shoulder I... View More
answered on Sep 25, 2024
So you had surgery on a shoulder and were given 3%, the rest or 32% pertains to your low back and neck. Something is off. In fact, your question cannot be answered because there is not enough information. For example, are you close to Medicare age? If so, there must be a medicare set aside. If... View More
I was injured on a Tuesday at 6:20am and reported the injury a little after 11am since I notice I kept having pain. The incident report wasn’t done till the next day because one of the managers wasn’t onsite. My question is, can I go to my pcp? I feel like the workers comp doctor isn’t doing... View More
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answered on Aug 27, 2024
You have the right to seek medical care if you believe your condition isn't being properly addressed. In California, workers' compensation generally requires you to see an approved doctor initially, but if you're not satisfied with the treatment, you can request a change to a... View More
Dr changed my work status from “limited” to “no work”. I am scheduled tomorrow but the note has yet to be uploaded to my portal so I have no way of giving it to my employer. Am I expected to return to work?
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answered on Aug 17, 2024
If your doctor has changed your work status to "no work," you should not return to work until that status is communicated to your employer, even if it hasn't been uploaded to your portal yet. You are responsible for informing your employer of your updated work status as soon as... View More
The probation dept is pushing me to return I have pain still in my wrist and still attending therapy for my hand what should I do it has been an injury that has lingered barely went on the 4850 since June.
answered on Sep 8, 2024
In this situation you have three options.
1) Do nothing
2) Change Treating physicians to someone who has a different approach, perhaps switch from ortho to pain management or another physician who will give you a second opinion on treatment
3) Request a Panel QME for a... View More
Please note: 2 years ago I was in Chicago for work and was told I can submit my Uber receipts for reimbursement. We use uber once,twice a week as to not drink and drive. But now this year they denied my Uber reimbursements. They said my work van is my transportation, essentially making my personal... View More
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answered on Aug 12, 2024
When working out of state, your company's responsibility for your transportation expenses, like Uber or Lyft, typically depends on the company's policies and whether your travel is considered part of your work duties. If they previously reimbursed you for similar expenses but are now... View More
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answered on Aug 11, 2024
Your fired lawyer’s name might still be on your paperwork because the legal documents were prepared before your lawyer was dismissed, or the paperwork hasn't been updated yet. Once you change your legal representation, it's important to notify all relevant parties, such as the... View More
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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
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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
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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.
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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
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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.
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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
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