Get free answers to your Workers' Compensation legal questions from lawyers in your area.
It's a fairly minor worker's comp claim (as in no permanent injury), though they can't accommodate my modified duty so I'm at home and collecting TTD. I got a job offer that I'd like to take, but I want to leave my current employer on good terms so that I have the option of... View More 
answered on Dec 14, 2017
Yeah but it opens up your new employer to a law suit!! DID YOU KNOW if a doctor writes the new job is causing any increase in symptoms, the current workers comp insurer can 'join' your new employer as a co-defendant and demand payment as 'contribution'?? IF POSSIBLE it is... View More
I work at a bar and had to throw a customer out. We got into a fight outside the bar and I injured my leg. I was still on the clock. Does worker's comp. cover my injury?
answered on Dec 13, 2017
Yes, you are covered. Talk to a workers compensation attorney.
My wife works at a drug and alcohol detox facility, she was stuck with a dirty needle while searching a new patients belongings, her employer sent her to the ER to be checked out as is protocol for her job. The HR department instructed my wife to use her personal insurance and said that they would... View More
answered on Dec 12, 2017
Your wife has a workers compensation claim and submitting these expenses to your personal insurance is potentially insurance fraud. She should contact her HR department about making a workers compensation claim immediately and notify her health insurer that the ER visit was for a work related... View More
I work at a bar. A customer became unruly and threw a glass on the floor. I threw the man on the ground and walked him outside, where we got into a fight. I consequently injured my leg. My boss says that fights are not covered under worker's comp. Am I entitled to worker's compensation?
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answered on Dec 12, 2017
If he fight happened during your employment hours or as a result of your job, you are covered! Find a Workers Comp Attorney to open up a claim against your employer and their work comp carrier.
My Attorney had me go to a PIAN management Doctor the pain doctor examined me asked a few questions ,has me returning to the surgeon for re-examination and has now put me back on light duty. I know my employer can't accomedate light duty.will I be compensated through workers comp. again.
answered on Dec 12, 2017
You MUST report for work -- go in person -- even though you 'know' the employer won't find light work for you. If you fail to show up for modified duty and the employer tells the adjuster you never reported for work, then you will not get Temporary Disability from the insurer.... View More
The reason was because no call no show. Now I sign an agreement with workers comp but came back and thought about it and knew it was wrong. Can I get help
answered on Dec 9, 2017
You signed an agreement 'with workers comp'??? if the WCAB Judge approved the agreement you only have a few days after the judge approves it to Petition to Set Aside for Mistake. AND you have to show there is a mistake. IF THE JUDGE has not yet approved the agreement then you need to... View More
I have a pending case with workers comp that has a date of next month at court with the state.
answered on Dec 6, 2017
If you are released back to FULL DUTY, NO RESTRICTIONS there is NO time. If they do not take you back the day you show up for work (don't call, show up) this is a violation of Labor Code 132a, a discrimination penalty. If you are released with permanent restrictions, The employer gets 30... View More
I hurt my left hand got filed with WC. Doctor modified my job, had restriccions, but job never change me to do other position, still doing the same, my hand still hurt every time I use it. Finally I was sent to specialist, he run test, he taught I had arthritis, results came back normal, he said... View More
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answered on Dec 2, 2017
You have a case but you need to meet with a good Workers Comp Attorney to advise you on your rights and options. Good luck!
I was injured in November of 2013 and settled in 2016. Is there any time constraints?
answered on Nov 20, 2017
You had 20 days after the judge issued the Order Approving Compromise & Release. The time to Set Aside for the Order Approving to correct the body parts passed last year.
I got injured at work (back injury) and i am on modified duty and have phisical therapy going on. The executive director said people on modified duty are getting days cut to 2 days a week instead of 5. She also said that we will be recieving a check from them from the 2 days a week we work and that... View More
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answered on Nov 19, 2017
You are entitled to partial temporary disability benefits at 2/3’s of the hours or days you are losing. I highly suggest that you find a Workers Compensation Specialist in your area and request for a free consultation. There are many other benefits that you are entitled to that the insurance... View More
Im having a really hard time with the lawyer I picked. He has done nothing for me. And Kaiser is the same, their reports are doing everything possible to avoid "work related" when I go to mental health, yet they have PTSD and Adjustment Disorder with Anxiety all over my 200 page medical... View More
answered on Nov 19, 2017
My understanding is State Disability Insurance runs one year, nothing more. focus on getting a report with a complete medical history finding you were hurt at work plus you are temporarily totally disabled IMMEDIATELY then get the temporary disability issues TO TRIAL ASAP. If you get the WCAB... View More
Or will it hurt my WC case? Im waiting for AME but my laywer is terrible and Im ready to look for a new one. Kaiser wont help with short term disability and I can live on 900 every 2 weeks,. I have a small child and a new home :(
answered on Nov 19, 2017
Claims filed after employment ends are not compensable, with a few exceptions. You don't have time for an AME. You should have had a QME 3 months ago. Plan to go get a job because this isn't going to be finished in 6months if you haven't been seen by the AME yet.
I am know going to therapy session if after my season is over and i am still not 100% will i get a settlement?
Because they look into giving me a settlement will they do anything in there power to not give me anything in return?
Such us look into my personal life
*banks... View More
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answered on Nov 15, 2017
I highly recommend you look for an experienced Workers Compensation Attorney in your area. They only charge is 12-15% and it’s worth it. (Payable at the end after you settle) Without one, you will probably get the smallest settlement. After being in Workers Comp since 1987, and working previously... View More
Do they check bank statements?
Or does a investigation
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answered on Nov 15, 2017
Your question is not clear. I suggest you find an experienced workers compensation attorney. They don’t charge unless they settle your case and it’s usually 12-15%. Good Luck!
I continued working with accommodations and many Dr. apts. and in terrible pain until Nov. 2013 when I could no longer endure and the Dr. took me off work. Worker's Comp. paid for me to have surgery in Feb. 2014 that was unsuccessful and now I live in more pain and am getting worse. I was at... View More
answered on Nov 15, 2017
Resigning is no guarantee the insurer will agree to a C&R. Some insurers just don't pay for C&Rs because they know the law as written now let's them get away with denying all treatment, so why lose cash for treatment you'll never get? If the insurer has to pay for a bunch... View More
I was injured during a summer job and have received a document from the Insurance company that claims I have been overpaid in benefits past my stated end date of employment, even though my Dr. didn't take me off of TTD until recently. Is this consistent with how TTD is usually applied to... View More
answered on Nov 17, 2017
You did not miss work at THAT employer beyond the ending date, so that adjuster claims you cannot be disabled from work if you don't work. IF you had a new job to go to but you could not begin because the physician advised against any work, provide the details of that employment you missed... View More
I exhausted TTD at 2 years and now SDI will run out in 3 months. I am still "employed" but my employer cannot offer work within the work restrictions. QME is saying I'm haven't reached MMI because disputed body parts have not yet been treated. I recently turned down an... View More
answered on Nov 14, 2017
YIKES. Try Unemployment next, but some physician needs to have released you to work; you'll be turned down because you have not had any CA-SDI deductions on a paycheck stub for two years, but you can try. Unemployment requires you state you are physically able to accept an offer of... View More
I was injured during a summer job and have received a document from the Insurance company that claims I have been overpaid in benefits past my stated end date of employment, even though my Dr. didn't take me off of TTD until recently. Is this consistent with how TTD is usually applied to... View More
answered on Nov 11, 2017
you need to talk to a Labor Lawyer/Workers Comp specialist.
as far as your injuries i would think you would be compensated for the severity of the injury but loss of earnings would logically end when your employment was to end.
My husband has been on workers' compensation for three months due to an injury from work. He recently returned to work and now his employer is asking for $300 compensation for his benefits. Is it fair?
answered on Nov 11, 2017
It is neither fair nor legal. Your husband should report this to his Worker’s Compensation attorney. And refuse to pay the charge.
I was injured on the job in 2015 but had surgery about a month ago. Everything is covered by work comp but they're paying me based on my weekly wages from my original injury, not my current weekly wages. I was making about $1200 more per month before my surgery than I was when I was originally... View More
answered on Nov 9, 2017
The Labor Code says the insurer pays based upon 'Average Weekly Wages" at the TIME OF INJURY. so you have to have a trial before a workers compensation judge to try to persuade the judge paying you now based on what you earned then is unreasonable and unfair. THAT is going to take an... View More
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