Get free answers to your Workers' Compensation legal questions from lawyers in your area.
answered on May 30, 2018
So sorry for such a loss...but no, a spouse cannot secure a 'settlement' that the husband might have. IF THE DEATH is due to the work injury and the spouse is dependent upon the injured workers earnings (or if the children are dependents upon the injured workers' earnings) THEN... View More 
my 2 yrs. were ended. The claims adjuster did not send the requested documents to the doctor, therefore resulting in me having to reschedule another evaluation. It resulted in me having to wait another year to be evaluated and settle the case. In the mean time, my doctor made me permanent and... View More
answered on May 28, 2018
Sorry, no, the adjuster is not responsible for your lack of income after the 104 weeks is done. My clients have their treating physician 'certify' them for State Disability when the Temp. Disability Indemnity checks from the insurer end -- OR OTHERS have the Treating physician write... View More
it is below $25,000, who is responsible for paying future medical for costs related to the injury after the worker turns 65. The worker, primary insurance or medicare? The work is 59 and retired.
answered on May 19, 2018
YOUR PREMISE that no MSA is required because a resolution is below $25,000 is false, as near as I can tell. RIGHT NOW, Medicare tends not to examine Compromise & Release Agreements that are lower dollar amounts, but Medicare's internal rule as I read it does not exempt any award of cash... View More
answered on May 7, 2018
Labor Code section 5313 provides "The appeals board or the workers compensation judge shall, within 30 days after the case is submitted, make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties.... View More
Hello,
We are a small drywall company in Ventura, CA - under 10 employees. We have had an employee that fell off a ladder and a work comp claim was filed. He was on light duty and now is fully released.
However, we have found that he has been lying about his hours worked and... View More
answered on May 2, 2018
You run the risk this employee will file a petition for benefits pursuant to Labor Code 132a, asserting that the only reason he was fired was because he requested workers comp benefits. Sadly, you do not have even one written warning, so his personnel records would show an employee in good... View More
Is the insurance company trying to get me just to accept the vouchers and not proceed to trail
answered on Apr 30, 2018
No, you can still provide to trial. If you have some level of permanent disability and your employer is not able or willing to provide modified work, the insurance company is required to send the Supplemental Job Displacement Voucher. The Voucher does not effect any of your other workers'... View More
I'm still on light duty & my job is giving me work that accomodates my restrictions, but I'm still not making what I used to, as they have very few hours of light work (I was full-time prior to my injury & am working at roughly half to 1/3 of that). While I was recovering &... View More
answered on Apr 25, 2018
Yes. YOU NEED to put in writing what the adjuster owes you, with the specific dates and rates. Everything needs to be in writing, so you will need to attach the check stubs showing the lower earnings and the schedule showing you are not working the same hours. You need to give the adjuster a... View More
Feb 2016 i was in a coma for 2 1/ 2 month i was beaten to d3ath w/ a sledge hammer now i sufer from seizures i cant do perform normal daily activities like i use to i have medal plates in 2 places in my head im disable homeless staying in shelters
I testified against the person
answered on Apr 20, 2018
If you are approved for a U visa, you will be granted legal status in the U.S. for up to four years (which may be extended if "exceptional circumstances" warrant it). Once you have held your U visa for three years, you may be eligible to apply for legal permanent residence (a "green... View More
I have C spine and L spine injuries. I am rated at 32% by DEU and final doctor report states I will need back surgery (fusion in C spine). I elected CNR as I hate the workers comp system. The City of Carlsbad has offered $38,000. This dollar amount seems extremely low and I doubt it would cover... View More
answered on Apr 20, 2018
Yes, you should seek the help of an attorney.
The dollar figure for your permanent disability rating comes from a chart. The permanent disability value is based on a number of factors including the year of injury. for example, a 32% permanent disability for an injury between 2005 to 2012... View More
I was injured in October 2017. Two days after a workers comp claim was filled with my correct address. I was out of the job for 1 week and I never got paid for the time off. I still have a slight bump on my leg. I quit the job 4 months after. It has been almost 6 months since the injury and still... View More
answered on Apr 20, 2018
You can (1) write the Insurance Claims Adjuster with a demand that you be paid for the time lost from work and that you wish to have a medical evaluation regarding disability from the bump on the leg, then (2) file for a state case number and request a hearing on the missing Temporary Disability... View More
I injured my back in 2007 on the job and had several operations during the years and after retirement in 2015. My Orthopedic doctor told me I needed more work done on my back and it would be a three step process, it was approved by the insurance then weeks later denied. My condition got worse and... View More
answered on Apr 20, 2018
I'm very sad to report that this capricious denial of treatment is the law. Some people are suing the Utilization Review physician for medical malpractice when a requested procedure is denied , but it's really really tough to find a medical malpractice lawyer to take that on (especially... View More
I need to have Anterior Lumbar Interbody Fusion. Workers Comp denied it based on me not having a psychological evaluation clearing me for surgery. Every time we submit a request to see the psychologist they deny it stating they accept no responsibility for psychological injury. It seems to me they... View More
answered on Apr 18, 2018
First, I would suggest you get an attorney to assist you with your case.
The denial of the psychological evaluation appears to be based on their denial of psyche injury as part of your claim. The surgery was denied based upon Utilization Review (UR). Is sounds like they did not UR the... View More
Currently on an independent contractor agreement, where my boss told me he would pay me in about March after his company gets funded by investors. However due to some issues, he still hasn't been funded and as a result, refuses to pay me. He is paying for every other aspect of the business... View More
answered on Apr 17, 2018
He is NOT your 'boss' because you say you are an Independent Contractor. So, he is just a client. When a client fails to pay per the contract, you give them one written warning with a deadline to pay as per the contract, then you file for a Breach of Contract in Small Claims. IF you... View More
I recently injured my shoulder and moved my WC care from the Provider my boss gave to me to another one that is covered by our WC insurance as the treatment plan was not working with the first provider as they stopped PT but my range of motion is still limited in the shoulder joint.. The new MD I... View More
answered on Apr 16, 2018
Your Primary Treating Physician MUST put precise work restrictions with specific times in writing first, THEN YOU provide that writing to the insurer and employer with a demand for Temporary Partial Disability payment for the hours that you are to stop work, and include a deadline for that payment... View More
I had slip and fall at work back in July 2016, went through WC but still have back pain even though went back to work.
Went on disability(state) in July 2017 for GAD and are currently on leave from my job.
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answered on Apr 16, 2018
It might be related. I suggest you speak to a experienced workers comp attorney right away. There are alot of issues and questions. Is your wc case open? Do you have an attorney? At what stage are you in your workers comp claim? Have you seen a QME?...and so on.
how much can I sue the employer for
answered on Apr 15, 2018
Are you trying to say the Employer has no workers comp insurance? You would have to show actual 'Fault' on the part of the employer that lead to your injury and treatment...a personal injury attorney would be able to give you an estimate of what a jury might award at trial. TROUBLE IS... View More
He owes me over $100,000 in back child support I’m getting monthly installments from his workers comp claim for child support how do I collect the back due amount in 1 payment.?
answered on Apr 15, 2018
I do NOT know about WYOMING regulations (might try avvo.com for a wyoming child support expert), but in California if the county Child Support rep has filed a LIEN in the Workers Compensation state file requesting that the overdue amount be ordered paid FIRST before the worker is paid on the award... View More
Can they compute from the beginning of the year to when I got injured? Or from my start date?
answered on Apr 11, 2018
I assume you were working for a different employer prior to the the employer in which you sustained the injury. If that is the case, your earnings from the prior employer and current employer can be used to calculate your benefits. Labor Code section 4453(c)(4) provides " the average weekly... View More
Will a new employer know of my worker comp disability if my Dr declares me permanent with work restriction? The doctor said that they could have access to my disability because of my restriction which is I get a break every hour.
answered on Apr 10, 2018
Maybe not. New employers can look on a database of Injured Workers at the Division of Industrial AccidentsB Workers Comp page and check for your name, then they will know you filed a Workers Compensation claim. BUT THAT does not list what the doctors wrote (just the body parts claimed and the... View More
Do that no one will help me understand
answered on Apr 10, 2018
You should look at this link:
https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/Downloads/Self-Administration-Toolkit-for-WCMSAs.pdf
It should answer your questions about your MSA.
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