Get free answers to your Workers' Compensation legal questions from lawyers in your area.
answered on May 19, 2017
You have two cases at the same 'court' (administrative agency). You have a Labor Code 132a Violation to prosecute proving that only due to the requesting comp benefits you were terminated in retaliation (not because you failed to call and failed to show); PLUS you have a standard Workers... View More 
answered on May 17, 2017
LC 5313 requires the WCAB Judge to make a finding and serve (mail out) that finding within 30 days of the matter being 'submitted'. This gives the judge up to 60 days to make her findings and award and mail out the decision.
Through workers comp the doctor told me I'm going to need non invasive surgery and I'll probably be out until October he I was told to apply for edd because I would get income faster because I really need the money my doctor signed the edd from application and said I was disabled and I... View More
answered on Jun 10, 2017
Apply for EDD. As to medical attention the employer is obligated to pay up to $10K while your claim is in delay. I highly recommend that if you do not have an attorney that you get one. Remember Work Comp attorney's work on a contingency fee which means you have no upfront cost and you pay... View More
The details of my compromise and release agreement are still being negotiated. I heard that it can take 30 days after approval from Judge to get the check. Just concerned about a temporary stop in payments while waiting for settlement check. Note: I was originally awarded a stiplulation but my... View More
answered on May 15, 2017
If still in negotiations and you are entitled to PD (still not paid full amount of %) you will be paid. However once a judge approves it you will not receive any further payments until you receive full value of your settlement. However the person to answer questions would be your attorney that is... View More
Said I didn't but on the edd application my doctor said I did get because of this workers comp has caused me to Miss payment on my loans how solid is my case
answered on May 14, 2017
Impossible to answer your question with very limited information provided.
Injured at work does that open a window on winning my lawsuit they are claiming it's a preexisting injury but my I know it ain't I got medical records to show it
answered on May 14, 2017
Based on the facts it seems that they have not accepted or denied. If you are in denial time frame the Workers Comp Insurance is investigating the matter. Also regarding a pre-existing condition, the only person able to make that determination is a doctor. I would highly recommend you get a WC... View More
I have been off work about a month with dr notes excusing my days off. My dr told me that my injuries are work related and I need to do WC claim with my work. I have not yet dont it but am going in on monday to file paperwork . On a seperate note I am struggling with drug addiction and am going to... View More
answered on May 12, 2017
Drug use will not automatically exclude you from workers compensation benefits. Insurance company can claim an intoxication defense only IF THE INTOXICATION WAS THE CAUSE OF THE INJURY. Let me give you an example:
(1) Worker is loading merchandise. Co-worker does not see him and runs him... View More
employee was injured at work, now on light duty, talks about incident to other employees.
answered on May 12, 2017
I see no problem with that unless there's a contractual agreement precluding that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
I quit, should've been payed 72 hours later because I didn't give notice. I've messaged my boss and have confirmation thru email that he'd "check on my pay" twice thru email.
My final day was the 17th of April, I should've been payed that Thursday the... View More
answered on May 12, 2017
Have you contacted them to find out the problem? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... View More
I get a paycheck every 2 weeks with 25 hrs Leave Without Pay plus I do not get my daily overtime pay because I am not there. Just wondering if this is part of lost wages and can my Attorney get that back for me?
answered on May 9, 2017
Your TTD amount should take into consideration overtime. They will pay you 2/3 of your wages including 2/3 of overtime. So the answer is yes your attorney can file a DOR requesting a Expedited Trial to address such. You should get penalties and sanctions as well as per CA LC 5814. Good Luck.
Work at shoe store and as a reaching for a pair of shoes I missed a two and fell 3 to 4 ft high since my neck and back been hurting I mention it to the managers and one just said it was gonna hurt if I fell and the other one just laugh about it what can I do my back been hurting bad
answered on May 7, 2017
Report the issue to the company's HR and file a workman's compensation claim. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
I got a stipulation award in Feb 2017. Lawyer mentioned 2 weeks ago that he was going to request a C & R for me since I cant go back to work. but I cant get an update on status.How long does this process take? Can this C & R be done in 30 days?
answered on May 6, 2017
That's not part of the litigation process but rather a negotiated agreement which can take as long as the parties want. If you don't like the wait, you can consider pressing forth with litigation with all its attendant risks.
See:... View More
answered on May 5, 2017
The first thing you should do is go to a Worker's Compensation attorney and ask for help. You should not be charged out-of-pocket for any fees.
Injured worker was found by court to be correct and to win the case but
Becose the loopo in law will get pay nothing and all other esues to be mute is not a justice but corset courts and corporate monsters
answered on May 11, 2017
There are numerous reasons why the State of California uninsured employers fund might not pay a valid claim. Without more detailed information about your former employer, how you were injured, what court you filed your claim, etc. it is impossible to give more detailed information. If you want to... View More
answered on May 14, 2017
You get put in Workers Compensation benefits if you are entitled to them. If you are recovering from your injury while treating and cannot compete in the open labor market while you recover you get Total Temporary Disability benefits (2/3 of your paycheck before taxes). If you reached maximum... View More
Superior court of the state of California for the county of San Bernardino
Case No. CIVDS1516030
Jazmin Dabney, Clara manchester, and Jason Lofstedt, Individually and On behalf of All Others Similarly Situated v. panera, LLC
Is this real and am I eligible to send my... View More
answered on Apr 9, 2017
You can contact the court clerk about the case and gather publicly filed documents from that court to learn about the case facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me,... View More
answered on Apr 4, 2017
You do not have to pay Temporary Disability but you will have to pay back because you are recovering from your injury. However any Permanent Disability payments are advanced payments on the % of your disability which is a factor when you settle. Those will be deducted.
The P&R report stated I needed another surgery. At that time had used up all my disability and workers comp money and i got let go not too long after that. I have not been the same since then. Daily activities are harsh on my arm and hand. I have few gaps in employment because I dread the... View More
answered on Apr 4, 2017
you may always file for Social Security Disability benefits, just keep in mind most are denied in the first application AND you need CURRENT Medical Evidence (not your observations, a medical doctor's written observations and diagnosis) to succeed in the Social Security Disability application... View More
I working in a handy man business and they asked me to get a credit card from Home Depot for business expenses but now that the bill is here they don't want to pay the card like they said they would. Plus they weren't paying me an hourly income or hardly even paying me. So I feel like I... View More
answered on May 9, 2017
You should immediately contact the state Labor Commissioner. You can find him online at https://www.dir.ca.gov/dlse/DistrictOffices.htm. Copy and paste this link in your browser and you will be taken to the Labor Commissioner's web page. Find the Labor Commissioner's office in the nearest... View More
Multimedia Engineer job. 1st day of work I show up and I was put in a completely unrelated job as a Chassis Engineer. 6 Months later they told us we are no longer Engineers, but are now called Specialists. Now, 3 years later after working for a promotion to Assistant Manager, they are now telling... View More
answered on May 23, 2017
Sounds to me like fraud and breach of contract. I recommend you find a competent employment law firm to assist you with your claims.
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