Get free answers to your Workers' Compensation legal questions from lawyers in your area.
It has been solved. I've called DIR to get full clarity since my ex-attny stated she didn't know what happened, and great advice from lawyers on here said I definitely needed to get full answers.
thanks again!
answered on Mar 25, 2024
Under California law, it's important for you to know that your attorney should keep you informed about your case and respond to your inquiries. If your attorney is not communicating effectively or you feel misled, it's within your rights to consider changing your legal representation.... View More
Tagged to the question i just previously asked RE WC lawyer choosing to file to Relieve of Counsel after I just called them out for many egregious mistakes over months &months. + The motion filed last Monday is back today approved, but in the top header intro the word "Proposed" is... View More
answered on Mar 25, 2024
It sounds like you're experiencing a confusing situation with the Workers' Compensation Appeals Board (WCAB) and your attorney. In the context of WCAB proceedings, it's not uncommon for documents to be amended or annotated, particularly if there are discrepancies, errors, or if... View More
After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More
answered on Mar 25, 2024
In the context of WCAB (Workers' Compensation Appeals Board) paperwork in California, changes made by handwriting indicate modifications to the original document. If "Proposed" has been scratched out and replaced with "Joint" in the order, this typically signifies a shift... View More
Hello, I'm a little confused as to the 1 year reporting deadline for filing workers compensation for cumulative injuries. There seem to be multiple definitions online that somewhat contradict each other. A while back I began physical therapy for pain in my joints which was exacerbated from... View More
answered on Mar 22, 2024
1 year to file in WC court from time you knew you sustained a work related CT. Usually this means a doctor telling you. But if your still working for the same company there is no limit period. You should hire an attorney rather than think you can do it alone. Your in deep water swimming with claims... View More
First off I cannot choose this attorney my original attorney closed their doors and hand it off my case to this attorney without me agreeing. I have to be the proactive one in this case which I don't think I should have to be I asked him questions his answers are always I'll have to look... View More
answered on Mar 20, 2024
Under California law, you have the right to change your workers' compensation attorney if you're dissatisfied with their services. However, it's important to consider the implications of switching attorneys, especially if your case is nearing its conclusion. Transitioning to a new... View More
My attny called informing desire to dismiss me as a client..a week after I pointed out & voiced my frustration at their most recent egregious mishandling of my case so they would hop on it to fix them - several of which I've come to Justia to inquire about. Ironically claiming I... View More
answered on Mar 17, 2024
In California, the process for an attorney to withdraw from a case, and for a client to dismiss their attorney, involves distinct legal steps and documents. If your attorney wishes to withdraw, they must file a motion to be relieved as counsel, typically citing reasons for the withdrawal without... View More
answered on Mar 16, 2024
In California, the timeline for workers' compensation benefits to begin can vary, but generally, benefits start after your claim has been filed and accepted. It's important to report your injury or illness to your employer as soon as possible and to file a claim form (DWC-1) immediately... View More
answered on Mar 13, 2024
In California, when an injured worker files a workers' compensation claim and the employer's insurance company accepts the case, benefits should generally be provided promptly. However, the specific timing of when benefits are issued may vary depending on the circumstances of the case and... View More
Workman's comp
answered on Mar 11, 2024
Under California law, signing a workers' compensation (WC) settlement does not necessarily waive your rights to sue for labor violations, harassment, or discrimination. However, it's important to understand the scope of the settlement agreement and any additional waivers or releases you... View More
My lawyers have done many, many things to my case that have become very problematic to my overall WC case and literally my health. It looks like purposefully done actions because the only other angle is that it would be pure incompetence.
I now have a feeling that several of the last email... View More
answered on Mar 9, 2024
In California, as a client, you have the right to access your case file, which includes correspondence related to your case, such as emails and letters sent by your lawyer or paralegal to the defense attorney. This right is based on the principle that the client is the owner of the case file, and... View More
My lawyers somehow forgot to include a very important practitioner I used via the workers comp system, on an older claim, though this practitioner is key in discussing the situation on my cumulative injury newer claim. My lawyers are saying that my defense attorney may turn it down now even though... View More
answered on Mar 8, 2024
In California, the defense attorney has the right to object to the submission of new medical records or documents to the Agreed Medical Evaluator (AME) if they believe the records are not relevant, not properly authenticated, or not submitted in a timely manner. However, the specific rules and... View More
I wanted to find out the process of getting my files to the new lawyer, in general.
Is that for me to have orchestrated?
Is there a time frame for that process?
More specifically, my current lawyer, who has shown multiple signs of questionable actions of "dropping... View More
answered on Mar 8, 2024
In California, when you change lawyers, the new lawyer does not typically need to subpoena the old lawyer to obtain your files. The process of transferring files between attorneys is generally more straightforward:
1. The client should provide written authorization to the former attorney,... View More
Hello, last year around April I went to the doctor with joint pain I believed was a result of work. He ordered me physical therapy and some x rays but ultimately told me there was no was all my pain was caused by work and is likely fibromyalgia. Only months later around August when I decided on my... View More
answered on Mar 6, 2024
Under California law, the reporting timeline for a workers' compensation claim due to a cumulative injury, such as the one you've described, can be somewhat complex. Generally, the time limit for filing a workers' compensation claim is one year from the date the employee knew, or... View More
I'm in the subpoena process, & seeing that I need another subpoena for my Workers' Comp/Kaiser PCP, whom I've had for the past 2 yrs, for the appts of 2024. I happened to notice in my KP.org MyChart how my PCP has been entering notes about my upcoming appointment 1 to 5 days... View More
answered on Mar 4, 2024
In California, medical professionals are expected to maintain accurate and timely records of patient interactions and treatments. Pre-entering notes for an appointment before it has actually occurred is not standard practice and raises concerns regarding the accuracy and integrity of medical... View More
I have negligent lawyers, & I just am trying to make it through the AME stage making sure to pick up the pieces.
There was extremely important evidence from a practitioners, 2 actually. One of which I caught how the subpoena didn't actually happen for the one, got him to email the... View More
answered on Mar 4, 2024
In California, managing the submission of evidence in legal proceedings, especially in cases involving medical evaluations, requires careful adherence to rules and procedures. If critical documents were not included in your exhibit list for the Agreed Medical Examiner (AME), taking proactive steps... View More
Neither my supervisor or or Manager did an injury report do I need to return to work until a Worker’s Comp. claim is filed
answered on Mar 2, 2024
In California, if you've experienced a slip and fall at work and are now in pain, it's crucial to prioritize your health and safety. You are not required to return to work if you are medically unable to do so. First, seek medical attention to document your injuries and get the necessary... View More
I slipped on a wet floor, no signs were displayed, no witnesses but there are cameras.
answered on Mar 2, 2024
In California, if you're injured at your place of employment, even before clocking in, it's important to report the incident to your employer as soon as possible. Under state law, employers are required to provide workers' compensation coverage for injuries that occur in the course... View More
Contacted and was asked over an hour of questions by the investigator. DUI was over 15 years ago, completely unrelated. Still working full time but with modifications. WC case is pending.
answered on Feb 29, 2024
In the context of a Workers' Compensation (WC) case in California, investigators are tasked with gathering relevant information to assess the validity and extent of a claim. This can involve a wide range of questions about your medical history, work history, and potentially even your criminal... View More
Hello, can my private insurance demand I repay them for any treatment or diagnostics they've paid for once I file for workers compensation? Also could my current private doctor refuse to further certify me for disability if I file? She says she would continue certifying me for short term state... View More
answered on Feb 29, 2024
In California, if you use your private health insurance for treatment related to a workplace injury and later file a workers' compensation claim, your health insurance company may seek reimbursement for the expenses from the workers' compensation insurance. This is because workers'... View More
My dad was trying to open the trailer door to unload goods but faced some difficulties. He fell back and hit his head on the ground because some rubber handles had come off while attempting to open the door. Later that day, he wasn't feeling well, so we took him to the ER. The X-ray showed... View More
answered on Feb 27, 2024
To assist with workers' compensation claims and ensure maximum medical insurance coverage under California law, you'll need to seek the help of an attorney experienced in workers' compensation law. These attorneys are well-versed in the complexities of workers' compensation... View More
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