Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I want a second opion 4 months ago my my attorney sent info to district attorney is this going to be worth more money I had a compound fracture
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answered on Feb 18, 2018
More info needed. Speak to your atty about your concerns.
Had a neck and shoulder injury. My neck was listed on the Appeals Board Stipulations with Request for Award application but my shoulder wasn’t even though the QME stated that I needed future medical. Was I suppose to have received document/documents as to why I wasn’t getting future medical for... View More 
answered on Feb 15, 2018
If the settlement was approved by the Judge, you have 20 days from approval to ask that the mistake be corrected. If you are beyond 20 days, you can use Labor Code section 5803 to request the mistake be corrected, however, it's not automatic that a judge would make any changes to the... View More
Fisrt surgery wasn't successful and now require another surgery . My question is will I receive workers comp. benifits again since I returned to full duty after my first surgery? now will be off work for who knows how long and it's on the same claim? Will benifits start automatically... View More
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answered on Feb 15, 2018
All good questions. You need to speak to a workers compensation attorney to address your questions. Do not trust the insurance adjuster/claims dept.
before surgery I received injection,and Several PTS.swell never full went away and I am still in pain my MRI shows nothing but surgeon said there's definitely something wrong.
answered on Feb 15, 2018
The defendant has five (5) business days to respond to your treater's request for surgery.
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answered on Feb 14, 2018
Absolutely! You should find a competent workers comp attorney who will fight for your rights. Don't agree or sign anything until you hire a workers comp attorney. As a prior claims adjuster and insurance attorney with 30 years of experience, i can say that you are way better off getting a... View More
I have been on workmens comp total temporary disability since March of 2017 . I was seriously injured at work and among other broken bones shattered both of my kneecaps I had a temporary emergency surgury at the time and now I am on the last of a series of injections and physical therapy I am... View More
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answered on Feb 13, 2018
You need look for a workers compensation attorney who specializes in that field. Make sure you meet with the attorney, not a paralegal or secretary. You can look up CAAA, Calif Applicant Attorney Association and ask for a list of attorneys near you.
answered on Feb 13, 2018
Yes you can, but I would recommend that you speak with a lawyer before you pick the Panel QME. Once you are seen by the Panel QME you are stuck with the opinion of that doctor. You cannot select a new Panel QME if you do not like the one you select. Selection of the Panel QME is probably one of... View More
I broke my hip at work. I understand the need to view any past orthopedic injuries, for example, when determining benefits in a workers' compensation claim. I am not opposed to releasing relevant medical history. But do I have to release information pertaining to substance abuse/mental health?... View More
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answered on Feb 13, 2018
You need to hire a Workers Comp Attorney to adddess your claim and protect you from the insurance carrier and all their tricks. As a prior claims adjuster and insurance attorney, they will are not your friends and will do anything to shift the blame against your prior medical pasts away from the... View More
My CA workers comp case closed in 2014. I had a neck and shoulder injury. The shoulder injury was not included for future medical even though the QME'S notes stated that I should have future medical for it. As of 2017 my Employer has gotten a new insurance and my files have been transferred... View More
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answered on Feb 12, 2018
You need to speak to a Workers Comp Attorney to discuss and review your case. More info is needed. If you are still employed, then you need to file a CT claim and address all body parts that are injured and or getting worse while you have been employed at the same employer. If you are not employed... View More
answered on Feb 12, 2018
That depends on the type of benefit – temporary disability or permanent disability. It also depends on if the injuries are with the same employer. Assuming that your injuries are with the same employer and you are talking about temporary disability, you would only be entitled to one temporary... View More
My doctor had just released me to part time work with restrictions (4 days 8 hrs per day 15 pounds or less ) for 1 month. Doctor said next appointment in 4 weeks he will release me to full time with no restrictions. If I quit before my next appointment and apply for another job will that remove my... View More
answered on Feb 9, 2018
Quitting is a really bad idea. Quitting means if you get NO UNEMPLOYMENT if you have trouble finding work. Quitting means you don't get the 4 hours of wages and the 4 hours of Temporary Partial Disability payment every week. Quitting means the employer can lie and claim it would certainly... View More
this Insruance dose not help me in medicine or any this need to get approve and they never aprove anything I ask for I was told I can sell it back for money ?
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answered on Feb 9, 2018
Yes it is possible. Depending on the insurance company and other factors, your case can possibly settle by way of a Compromise & Release. Its best to have a workers compensation attorney represent you to get the best deal for you.
Leave from work. My problem now is that my payments are not arriving on time. My rent is due and so are other bills this is actually the second time they have done this.My payments are mailed every two weeks arriving on a thursday and mailed on a tuesday. I havnt received notification to my phone... View More
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answered on Feb 8, 2018
You need to hire a workers compensation attorney right away.
I didn't know that they were supposed to.
What can I do now?
answered on Feb 8, 2018
The Workers Compensation Claim Form is handy on the Internet: https://www.dir.ca.gov/dwc/DWCForm1.pdf Fill out lines 1-8 AND SIGN on line 9,
also write on LINE 12 that the employer knew of the injury on the date you told them about the hernia.
FAX THIS SIGNED CLAIM FORM to... View More
I have a friend who was laid off work today, he is on worker's comp for an injury, had surgery and the doctor will not be releasing him for 6 weeks. He was let go today due to poor snow year and they are apparently telling him that he has no more benefits. He is under a lease and may have to... View More
answered on Feb 1, 2018
Workers Compensation is NOT an 'employment benefit'. Workers compensation is a set of laws requiring the employer to compensate an worker for on-the-job injuries, whether or not the employment relationship ends after the date of injury. Employers are required by law to carry insurance,... View More
It's been a month and a half and have not gotten to see a Dr. Or get medication besides the ambulance and MRI at the hospital. The insurance company just today sent me a packet to fill out so what are my rights ?
answered on Jan 31, 2018
If your employer doesn't carry workers compensation insurance, then you can sue your employer in state court for personal injury damages. Failing to have workers' compensation coverage is a criminal offense. Section 3700.5 of the California Labor Code makes it a misdemeanor punishable by... View More
I got hurt on December 16 2017 and I just now got a packet from a insurance company saying they purchased workers comp insuance January 30 2018
answered on Jan 30, 2018
Proceed with treatment, putting every request IN WRITING directly to the employer. When the employer refusese to provide, join the UNISURED EMPLOYERS FUND and make all demands in writing to the UEF.
It is also an option to proceed in CIVIL court against an employer with no workers comp... View More
I do have a work comp attorney. My injuries where being treated with steroid injection for over a year. Upon Jan 2012, I was told I couldn't use anymore injection cause it would damaged my kidneys. At this point is when I had to seek alternative meds just to kill the pain. I started to get... View More
answered on Jan 26, 2018
You quit. That means you weren't terminated, so no wrongful termination suit. Also, the actions of which you complain happened before 6/30/2012, which was 4.5 years ago. A wrongful termination suit has a 2 year statute of limitations. An FEHA claim for discrimination has to be filed with... View More
answered on Feb 15, 2018
You can look on the California State Controller's web site
https://ucpi.sco.ca.gov/UCP/Default.aspx
My employer ramped up the physicality of my job, to the point where my injury got worse. I eventually "voluntarily retired" because I couldn't take the pain anymore. I never went after them for the re-injury and it's been a few years since. The problem is still there (not as... View More
answered on Jan 23, 2018
You have 5 years from the date of injury to prove you have 'new & further disability' from that initial injury. Yes it was a very weak decision not to dispute the Treating Physician's determination that you were 'fully' healed because you were not, but your silence by... View More
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