Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I had applied for another job after i was injured at work. my job has become very dangerous. If i am hired will i loose my physical care thru my current workmans comp ?
answered on Jan 22, 2018
Maybe no, but you could. When you get new employment, the adjuster can assert your need for treatment is NOT the original injury, tell their reviewer to deny it, and sue your new employer for 'contribution' towards your treatment and disability costs. IF IT IS POSSIBLE it is 100%... View More 
Thank you.
answered on Jan 19, 2018
You need to prepare a Petition for Penalties, cite the Labor Code and regulations that apply, serve the petition on defendants, and file it with the WCAB. As you do this, look at the dates carefully... case 'settled' dec 18, but can you prove the defendant RECEIVED the Order Approving... View More
Hi,
I filed a work comp claim in 2017. The claim is about to be settled. I actually have a lawyer, but I don’t feel I made the right choice of lawyer. I can’t switch because rather than paying upfront, he’ll receive 15% of the settlement. I saw a QME whose report says I have 24% whole... View More
answered on Jan 18, 2018
OF COURSE you can switch! This attorney you have now will SPLIT 15% of an award, not take 15% off the top. For example, if you get a new attorney, for a $50,000 award the judge would order the two lawyers to split up $9,000. NOW, maybe this current attorney has a very good deal for you, and... View More
It has been a year in 2017, in C.A. it has been going on a month
answered on Jan 18, 2018
YOU PROBABLY signed an agreement with language 'waiving' penalties and interest if payment is received within 30 days of 'service' of the judge's order. SO: if the judge personally handed the Order Approving to the DEFENSE attorney on Jan. 8, then the insurance adjuster... View More
I was in an automobile accident and workers comp only accepted my neck and shoulder. My hip was also fractured but they denied that portion. I was taken off from work because of my hip and had to have surgery all through my own insurance. I sued for lost of wages because of my hip but now there’s... View More
answered on Jan 16, 2018
Your attorney should be answering these questions and/or challenging the workers compensation lien in court.
I am an RN (union) and after an injury at work, developed CRPS (Complex Regional Pain Syndrome) formerly known as RSD (Reflex Sympathetic Dystrophy) which is a progressive, chronic disorder. I am seeing the correct MD and getting the correct treatment, although incredibly slow because of the... View More
answered on Jan 15, 2018
You MAY terminate employment BUT that is the worst decision you would make in your claim (besides not having a lawyer yet when you obviously need one right now). When the QME or PTP doctor writes you can return to modified work and you have already quit, you get not one dime of temporary... View More
DOI 1/2/17 i slipped and fell landing on my back all impact was to my rt side hitting my head, rt shoulder, and elbow, night manager was called to assist me and said there was water on floor (i did not see) i was in extreme pain they put me in office they took pics of water on floor and of my rt... View More
answered on Jan 15, 2018
First, you should have an attorney who got you to a doctor on the MPN who declared you TTD so Temporary Disability payments would have started already. The judge will pick between the treating doctor's reports and QME reports and make a finding as to whether you are Temporarily Totally... View More
I have been using my own insurance and been of Loa from work
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answered on Jan 13, 2018
If you were injured at work, you have the right to hire a Workers Compensation Attorney to file a Workers Compensation Claim in order to recieve all the benefits that workers comp offers. We will make sure that you obtain temporary disability benefits, medical care, mileage, vocational retraining,... View More
I've been on temporary total disability. I've been cleared by doc to return 20hrs/week after the workplace safety correction has been made. Company HR says if I return to work at only 20hrs I'll lose my benefits. Is this correct?
answered on Jan 10, 2018
It depends on how the health insurance premiums are paid. If you get an employer contribution toward a health-insurance premium only by completing 30 hours, then you would just offer to pay your portion of the premium out-of-pocket. if that is cost-prohibitive, let the insurance lapse and apply... View More
You finally see a WC mpn doctor but still not receiving treatment meaning physical therapy or other ex rays to see what's causing the lump in my left hand where a heavy box smashed down causing continuous pain? My first WC medical appointment was November 1,2017, also the date my leave of... View More
answered on Jan 8, 2018
Just because you 'a doctor' on the Medical Provider Network does not mean you receive standard medical treatment... most docs on the MPN look at a patient and provide no treatment whatsoever. That is how they remain on the MPN. You get zero for mental distress and chronic pain, you get... View More
the reason why he wants to withdrawal is because I have discovered issues regarding to his representation for example the defense attorney's are the same law firm where my attorney worked or works I don't know he said he work for them few years ago but I search his profile and seems like... View More
answered on Jan 5, 2018
You'll get better answer by calling some WC attorneys and speaking directly to them.
My husband got hurt a few months ago at work by falling off a ladder. He was treated at our local hospital, but we told them to submit the claims through my insurance due to him being a sub-contractor. We do not have workers comp for him and my insurance is trying to reject the claim. Can they do... View More
answered on Jan 5, 2018
If he was a sub-contractor acting as an independent contractor - either sole proprietor or in a partnership then he can waive his own work comp - but must have for his employees. As one of the previous answers say - you should look at your policy to see if he is covered. They could be a little... View More
Attention because employers didn't follow appropriate procedures when related to job injuries. I have been suffering with this pain for months not getting medical attention unless going to the emergency room. Since a report was not done at the time of injury by employer but 8 months later by... View More
When a report was did employer never turned it in so I can get the medical attention I needed because of the pain in my left hand was becoming unbearable?
answered on Jan 3, 2018
You have a workers compensation claim. Call a workers compensation attorney.
answered on Jan 2, 2018
If the lawyer did the request online, the lawyer gets the request immediately. If the lawyer didn't do it online, the lawyer is not experienced in workers comp. If the lawyer used the antiquated mailing method, it could take 6 weeks to get a list from Oakland. then the parties have 10... View More
answered on Dec 31, 2017
I think you are asking: Can the Comp INSURER stop Temporary Disability indemnity checks because you obtain an attorney... NO. Temporary Disability payments are based on the treating doctor's Work Status reports. IF YOUR ATTORNEY switches you to a doctor that is not on the Medical Provider... View More
My attorney spent one year subpoenaing my medical records. He post poned all QME appointments. Now he has asked me to settle my claims at an amount I question then he told me I had to take his suggestion or come pick up my files.
Is an injured worker allowed to have the defense provide an... View More
answered on Dec 27, 2017
You may (1) Sign a Notice of Dismissal of Attorney, then (2) speak with or write to the defense attorney freely. You can request an 'accounting' but there is nothing in the Labor Code requiring the defense attorney provide you with anything. YOU ARE entitled to an attorney who can... View More
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answered on Dec 27, 2017
You need to sit down with your attorney to find out why your claim is taking so long. There are many reasons why your case might be taking long. However, your attorney should be able to explain that to you. If you are not satisfied with his explanation, you might consider getting a second opinion... View More
A man was on my husbands car within 100 feet of the guard shack. My husband told him to get off of his car. The guy ended up going to grab something from his pocket and lunge at my husband. My husband hit the man to defend himself. This resulted in him losing his job due to a strict no workplace... View More
answered on Dec 19, 2017
Contact a member of CAOC who handles employment and workers comp. They give free consultations.
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