Get free answers to your Workers' Compensation legal questions from lawyers in your area.
patient worked in E.R. lots of back strain, developed nerve impingement, entered WC system, hospital's WC atty instigated a series of delay tactics spanning several years, hoping claimant would give up. After four years a small settlement is expected. Patient incurred additional nerve damage... View More 
answered on Feb 10, 2017
What you are going through is very common in WC and unfair in the opinion of many. The current condition of the WC system is due to changes done in 2013 when the IMR was implemented and power taken from attorneys and judges and solely given to medical unit and IMR (Independent Medical Review).... View More
I have a workmans comp case injury. Though it is now closed. I still have medical open. Therefore, my attorney still represents me, with helping get me seen by doctors or on the potential future medical settlement part. The point is, my attorney hasnt got me the help i need. Or the insurance hasnt.... View More
answered on Mar 3, 2017
I do not understand your question or how anybody can answer it. I'll try my best.
What can you do? You can drop attorney and represent yourself on the management of your future medical. The Stipulation you signed (settlement docs) should dictate what body parts you get treatment... View More
insurance company has been stringing this out for a year.surgery was postponed because of failed pre op.i now have clearance but doctor hasn't rescheduled surgery yet
answered on Feb 10, 2017
The closing of the business should have no effect on your case since you are dealing with WC Insurance which covered the employer at the date of injury. However I highly recommend that get a free consultation by a local attorney for your injury. Remember that WC attorneys work on a contingency... View More
I was P&S in 2003...With an 82% rating from DEU. In 2009 I suffered a second on the job injury different body part. I settled that WC case in 2012 with 35% DEU rating. Does the 82% DEU rating from 2003 still apply in my unsettled 2000 WC case? It is a California WC case.
answered on Jan 17, 2017
It depends on whether there are relevant injuries. Speak to a Worker's Compensation lawyer. The best first step is an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
answered on Feb 6, 2017
An employer is not permitted to treat a worker differently just because she requested Workers Comp benefits, so no. NOTE: if the 'bonus' is based on wages for work and you did not work this year, you were off work being paid Temporary Total Disability indemnity by the insurer all year,... View More
When I took it back Workers Comp surgery was scheduled only to be cancelled later that day citing it wouldn't be scheduled until my doctor signed off on it. Now what do I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2017
Based on your complicated situation, you need to speak to a Workers Compensation Attorney as quickly as possible. Workers Comp is a very tricky and complicated system. Doing it alone without an experienced attorney will give you more problems.
Another thing is that he gave the girls less hours and he gave the boys a full schedule, plus he is putting harm chemicals in a locker which has not been approved by the company. My hours have shortened even when he asks loads of me. For I am in charge of inventory. deliveries for food and drinks,... View More
answered on Jan 6, 2017
You can file a wage claim with the Dept of Industrial Relations.
See: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal... View More
answered on Jan 2, 2017
If you're a for-profit company, you may be in violation of CA and federal employment laws if you're not paying people working for you, as volunteer positions generally apply only in the non-profit sector. The best first step is an Initial Consultation with an Attorney. You can read more... View More
Kids work from home
answered on Dec 21, 2016
If you're treating them as employees, then treat them as employees, with all the related duties that are incumbent upon you, including worker's compensation insurance where applicable. More facts are needed here, including what type of business you operate and whether they're... View More
The GM at the restaurant i work at is also the HR manager. Knowing this, i have noone to turn to as far as fileing a complaint and dont know what to do about it. I was hired for a specific job in the establishment, yet every chance the managers are given, i am doing extra duties (moving furniture... View More
answered on Mar 3, 2017
You might have a discrimination claim (employment law) and a psych case due to manager singling you out (psych). I recommend that you get a free consultation for both. Good Luck
I've injured my dominant hand and arm at work, (very recent). I am unable to write with my other hand. I was put under restriction from a doctor, stating not to use my hand or arm. Im receiving endless comments from supervisors and managers that I need to learn to use my other hand to write... View More
answered on Feb 5, 2017
Do they have suitable work and a reasonable accommodation to provide you? 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... View More
The final exam Doctor noted my age (21 then) and said if I'm doing better in a decade or so I can probably get a judge to lift my work restrictions. My husband is unemployed and we're now on welfare and I need to make a better life for our kids.
My diet changes have stopped all... View More
answered on Dec 6, 2016
It will cost MONEY because the doctor won't write a report for free.
This report is at least 13 years old... it has been destroyed by the physician's office and the attorneys' offices. it might be in a govt claim folder but it was probably destroyed as well...those... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2016
Depends on many issues and your set of facts. My experience with nurse case managers is not positive and I do not allow them to meet with my clients at all unless my client is bedridden or severely injured. I suggest you contact a competent worker's compensation attorney and speak to him/her... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2016
You are not obligated to deal with a Case Nurse Manager. They usually get involved when the worker's comp case is very severe. However, they are sometimes used by the claims adjusters to get close to you so that they can spy on you and report back anything that is of interest to the adjusters.... View More
Hired in Aug 2014. Fired in Sep 2016. I had a sexual relationship with the owner for most of my two years of employment. We were on-again-off-again relationship. I had a sexual relationship with a different girl (unrelated to work) and my owner found out. Since that happened, she has wanted me... View More
answered on Nov 9, 2016
There is no Workers Compensation claim here. There is no physical injury with residual physical disability arising out of the employment and in the course of the employment. Drinking on the job is 'good cause' for termination (yes, even if others are doing it and haven't yet... View More
answered on Nov 9, 2016
In California, psychiatric injuries are only recognized for extraordinary, sudden events like a terrorist shooting or being pistol-whipped on the job. Feeling judged unfairly by a boss is neither sudden nor extraordinary. If your boss struck you physically and you filed a criminal complaint... View More
Ins Co has atty now working the claim. I filled out and returned med release immediately after I received it-ins com got some med records but failed to get others. original claims person did little claims adjusting thinking I would just go away after denial. Do I need to do anything...thought... View More
answered on Nov 9, 2016
Discovery is open until a judge orders it closed...typically at the end of the Mandatory Settlement Conference so trial exhibits can be finalized. You should get an attorney because you have no clue what records the defense attorney is obtaining or what she's doing with them. You should... View More
Ins Co has atty now working the claim. I filled out and returned med release immediately after I received it-ins com got some med records but failed to get others. original claims person did little claims adjusting thinking I would just go away after denial. Do I need to do anything...thought... View More
answered on Nov 9, 2016
Discovery is open until a judge orders it closed...typically at the end of the Mandatory Settlement Conference so trial exhibits can be finalized. You should get an attorney because you have no clue what records the defense attorney is obtaining or what she's doing with them. You should... View More
answered on Nov 9, 2016
several forms and service by mail are required. you should meet with the Information & Assistance Officer -- the "I&A" officer -- at the WCAB office where your case is filed to do this properly, it's fairly involved.
When I want to go back to work after a week, I was told that I look like I am not fit to work yet and take more some time off. I was not paid wages those days I was not working. I am entitled for those lost wages?
answered on Nov 9, 2016
This is a Wage Dispute (not a Workers Compensation claim...there was no on-the-job injury or disability described). You can go to www.dir.ca.gov and find the "WAGES" tab and that should lead you to "File a Wage/Earnings Dispute" and request a hearing to get a conference date.... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
