Get free answers to your Workers' Compensation legal questions from lawyers in your area.
answered on Nov 6, 2017
If a Physician is limiting your duties and that same physician will 'certify' you for California State Disability, then you are TEMPORARILY TOTALLY DISABLED and you apply at www.edd.ca.gov for SDI , State Disability Insurance. When an employer refuses to provide modified work/light... View More 
boss died on May 8th...On 7/13 I went to my GP at Kaiser for advice on my symptoms, he sent me directly to Mental Health for evaluation. The phys dr gave me a note to take back to work. It said he recommended I work from home and attend a 4 week coping skills class. On 7/17 a hour after handing... View More
answered on Nov 4, 2017
Once EDD runs out, you will presumably need to get a job. Your WC attorney should be able to communicate with you about your claim. If he won't, get a new WC attorney. There are lots of them.
You might also consult with a wrongful termination attorney. It is possible that you have... View More
I have a chemical burn on my right forearm I can send photos if you can give me your email was looking to find a lawyer willing to take on my case my boss will not allow me to leave or take a break and do the proper precautions to rent a chemical burn correctly now I have a highly irritated... View More
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answered on Nov 2, 2017
Look for a local Workers Comp Atty. They will only charge 12-15% when you settle the case.
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answered on Oct 26, 2017
Sure give my office a call when you can and we can get you the help you need, ask for Roland
I am a workers comp. patient with an attorney. However my attorney is not answering my questions and has left me in the dark. My claim was accepted. My QME has recommended TTD with more tests and rest. My employer has been notified and I am out of work now. The insurance co. has begun setting the... View More
I was given restrictions for an injury I had at work but cannot perform the job my employer gave me to accommodate my restrictions. I asked to be seen by a doctor to be revaluate but was told I can't get a sooner appointment than October 27th (4days) and if I choose to be off work because I... View More
answered on Oct 24, 2017
IMMEDIATELY GO BACK TO PHYSICIAN and demand restrictions that you CAN do, even if it is 'desk work only' or 'change positions at will, no repetitive movements at all'. If a physician writes you CAN do activity and you attempt the activity and cannot perform it, you go back to... View More
I was a victim of workplace violence. I submitted a Workers Comp. claim for my back and another for mental anguish.
Can my Orthopedic request my Psych. records. Psych. records are confidential and why would he ask for this if I am seeing him strictly for my back? Should I worry as to why he... View More
answered on Oct 24, 2017
When you assert a 'mental anguish' YOU opened the door to your complete life-long mental health history. The adjuster can get your arrest records, any mental health treatment records, hospitalization records, everything except HIV/AIDS records. Because you must show that 51% of your... View More
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answered on Oct 26, 2017
You have a right to request a copy of your medical report. Send a letter to the insurance adjuster demanding a copy of all your medical reports. I also suggest that you seek the advise of a Workers Compensation Attorney right away. It maybe that they are hiding information from you. Work Comp Attys... View More
My PTP said I was P&S I saw a QME who says I’m still TTD & I need another surgery. Will the insurance company start paying temporary disability again? It’s been almost a year since they stopped paying me permanent disability will they have to pay me any back pay for TTD?
answered on Oct 21, 2017
Temporary Disabilty payments likely will not 'automatically' begin just because a QME says you are TTD. The insurer can claim they STAND on the MMI findings of your 'treating' physician. If the treating doc is found at trial to be more correct than the QME, then the insurer... View More
answered on Oct 20, 2017
New Hampshire. Nobody here will have a clue about New Hampshire codes or regulations.
I have neck, shoulder, back and arm pain all on my left side due to constantly typing all day long. The back and neck pain is recent, and is causing me tension headaches and nausea. Im not sure if I should wait until I hear if I got the new job or if I should file workers comp now. The pain is... View More
answered on Oct 26, 2017
'New Job' meaning you are leaving this employer?? YES FILE IMMEDIATELY!!! Get a Workers Compensation Claim Form DWC Form 1 at www.dir.ca.gov in the workers comp tab. BUT: if 'New Job' means you remain in the corporation but just want a new assignment there, then you can... View More
answered on Oct 26, 2017
IF you were the ONLY worker laid-off, your attorney should file and serve a Petition for Increased Benefits under Labor Code 132a. LC132a states a worker should not be demoted or discriminated against in retribution for requesting workers comp benefits. BUT if a group of people were laid off... View More
Workmans comp lawyer said he should'nt have been getting any extra money what are the repercussion to the employer and employee?
answered on Oct 11, 2017
If you are paying a lawyer with ALL the facts and documents and she gave you advice, you should stick with that advice! The Workers Compensation Act of the Labor Code says that most workers get just 2/3 of their 'Average Weekly Wage' at the 'time of injury'. full wages go to... View More
My Appt's before or after work because they would not pay for that only mileage, is this legal for employers to do?
answered on Oct 10, 2017
If you don’t already have a Worker’s Compensation lawyer, you need to get one right away. Your employer is not going to make sure that your rights are protected. You have to do that by retaining your own workers compensation attorney.
I obtained attorney after having surgery, following advice from a person that used to work for Sedgwick... I attended a qme and now I am waiting for second qme... What is the average amount of money a person will get with compromise and release? Just wondering because I can no longer do the work I... View More
answered on Oct 10, 2017
This is a question that should be directed to your Worker’s Compensation attorney. He or she should be familiar with all the facts of your case, and will also be able to give you some guidance about what kind of compensation to expect for the type of injury you have suffered.
Injured over a year ago. Currently receiving TD because current employer can't/won't meet restrictions. QME is later this month.
Prospective new employer schedule will start with fewer hours and is likely to build eventually to pre-injury levels. Both jobs are in the same career field.
answered on Oct 6, 2017
"New" employer is generally a BAD IDEA. If your symptoms or complaints increase in any way, the old employer will sue the new employer; the old employer will claim (without proof) that the new employer made the injury worsen. You DONT want to start a new job then get that new employer... View More
I hurt my back at work, back specialist says my back is done
answered on Oct 2, 2017
Expect that if you stay with the doctor(s) the insurance adjuster selected for you, that you will be unemployed and get very very little and struggling with back pain your whole life. the 'tip' is to pick the very best possible orthopedic surgeon on that insurer's Medical Provider... View More
Settled in 2007 received payments before that for settlement. What to do (expect) know
answered on Sep 25, 2017
You write you 'settled' in 2007, so I'm going to assume you signed Stipulations With Request for Award in which you and the employer and insurer all agree on the amount of permanent disability. So the only thing left is medical treatment for you, and you got that. No more... View More
I was demoted from a management exempt position because I can only work 4 hours a day due to my first workplace injury. When HR put me into the minimum wage job I told them that I was not physically capable of performing it and I became injured at work again with a new set of restrictions. My local... View More
answered on Sep 22, 2017
Too bad you didn't get a lawyer for this claim. The Labor Code requires that the Employer offer Permanently Modified Employment within 2 weeks of the receipt of the notice of Permanent Work Restrictions...and most miss that deadline. That offer must include 85% of the pre-injury wages. So... View More
Had QME 5 years ago and injuries were found to be work related. Had 5 surgeries since and now arguing about acceptance of last surgery. Received a letter asking me to attend QME. I'm wondering if my attorney and their attorney who are friends, agreed to this without my knowledge? Everyone is... View More
answered on Sep 18, 2017
If you really feel your lawyer is not serving you, you need (1) a face-to-face to give her an opportunity to clearly and quickly demonstrate she is on your side and working in your best interests...and if she cannot do so soon and easily, then (2) dismiss her and 'substitute' in a new... View More
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