Ask a Question

Get free answers to your Workers' Compensation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for California on
Q: Workers Compensation

Why I have Court if I settle my case June 30,2016. I suppose to receive two check from two different insurance I receive one already but the other insurance set a day for court.

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

The best person to answer that is your attorney or the insurance company. There is no possible way any attorney can answer the question as stated.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Asked my owner why my ot isn't right he said he hired me on at a 4/10 schedule but has me working 5/8,s since I starte

Almost two years ago also got injured at work and he took my sick time and had the dr treat me as first aid any help would help

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

First of all he is not your owner since slavery was abolished. Second you need to talk to an attorney ASAP. Good Luck.

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: I am sure I have a case , I do not know if it falls under one or more categories ?

I was to report to work across the country from ca.to ga. I got there was told there is no position for me I was not expected . . tho my last paycheck from previous project was there in ga . to be picked up by me . spent all savings , relocating and waiting for a call to start work . mo this of... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 1, 2016

Contact a member of www.caoc.org who handles employment issues--they give free consultations.

1 Answer | Asked in Workers' Compensation for California on
Q: Hello, I got hurt back in 2012, lower back. had wc claim. did the therapy went back to work. back in april '16 I

re-injured the same injury but wasn't at work. I still work for same company. I've been going to my own doctor and a specialist since it happened off of work. I also am not working. Do to the work restrictions my doctor gave. What options do I have of claiming this on the WC claim? the... View More

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

If you stayed with the same employer it is very likely that you have future medical open for body parts. Go to doctor and state your back is hurting due to an aggravation of your previous injury. Even if it was not at work it is an aggravation of your original work injury. Good Luck.

1 Answer | Asked in Workers' Compensation for California on
Q: I have been fighting this worker's comp case for 5 years and it has really deteriorate my life but i am ready to settle

how long can i stay on wc inthe state California and can i settle anytime i am ready? i want to work but their QME doctore rated me as 100% and their Qme Psychiatrist stated i dropped from a 24 to a 54 in my psyche but i am ready to settle and move on i have went to the AME 2times and the QME 2... View More

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

If you saw two AMEs that means that you have an attorney since you cannot see AME unless you have an attorney. The best person to answer those questions would be him. Good Luck!

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Hello. I need your help. I just started to work at a restaurant from a month ago. Salary suppose to paid every 2 weeks,

But my salary(pay check) never paid me on the second week. It's the 4th week from started, it hasn't paid me yet. I asked to the owner about it on the 2nd week, the owner answered me "we are going to pay you, so don't worry about it." But my salary never paid me at all.... View More

Andy Chen
Andy Chen
answered on May 20, 2016

The details of your case will be very important and your description is a bit confusing. The problems you describe (e.g. not being paid on time despite being promised it, not receiving breaks, not getting overtime, etc) is very, very, very, very, very common in the restaurant business. I've... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Would it be beneficial to get a second opinion in a WC case?
Andy Chen
Andy Chen
answered on May 20, 2016

In general, I say that getting multiple opinions on anything is a good thing. Obviously, though, I have no idea whether getting a second opinion is a good idea in your specific case.

Getting another opinion costs money, of course. You have to decide whether that cost is worth it.

Andy

1 Answer | Asked in Workers' Compensation for California on
Q: Does worker comp insurance cover or do I need to use regular insurance?

My husband injured his back at work December 2015. He has had two separate surgery's on his back. He is still having back pain; and now has weakness and numbness in one of his leg. The surgeon told him the numbness and weakness maybe permitted (the main reason his has the numbness and weakness... View More

Ruben Montoya
Ruben Montoya
answered on Mar 9, 2017

If it was due to the consequence of your work injury then it is workers comp. You need to amend your claim. If you do not have an attorney get one immediately. Good Luck!

1 Answer | Asked in Personal Injury and Workers' Compensation for California on
Q: i am at the end of my wc case, since my doctor is being a prick, do i have to do the knee surgery. what r options.

At the doctors office, I made my ortho doctor aware that i was absolutely scared about the forthcoming knee surgery. He got upset and said to trust him, that he and another doctor were going to operate. i asked him who that doctor was, he would not ever give me a name, he just said he was a good... View More

David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2016

It is a reasonable to request the name and credentials of the doctor who will be performing the surgery. You should discuss these and other issues with your worker's compensation attorney. I do not see a cause of action per se against the doctor. Medical malpractice cases are quite... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I received Worker's Compensation pay while off of work due to an injury. Will I be required to repay that money?

I received Worker's Compensation pay while off of work due to an injury I received while working. I was hit by a car in a parking lot (pinned physically between two cars) We have gone to mediation and will be settling soon. Once we settle will I required to repay workers comp insurance for... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2015

Probably not. Workers compensation is precisely for that: lost wages for being off work due to a work-related injury (as well as medical expenses).

1 Answer | Asked in Workers' Compensation for California on
Q: I am unable to attend drill due to a neck injury what can I do to prevent me from furthering injury if they request me

I have my medical documents that say i need bed rest for 2 weeks before i am able to do activities again.

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

Drill? What do you mean by that? If you are on bedrest, then they cannot expect much more from you.

1 Answer | Asked in Workers' Compensation for California on
Q: Can a roofing company charge the client for workmans compensation insurance for its workers?

We get a cost estimate which includes an item which says, Price includes workers compensation and liability insurance,question, why does the client pay their insurance?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 19, 2015

Perhaps because the roofing company is just starting out, and have not needed such coverage before. I would require proof that the company is bonded before agreeing to the estimate. Also, of course, ask why overhead such as these insurance premiums are not amortized among all of the... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Just reached Signing WC settlement offer, after one month of insurance getting it ready to be signed why they dint?

But now its been two weeks plus, they have not signed it, so a judge has not signed it either according to a paralegal at Larry H Parker. Well their was a court day upcoming, whats going on? Will the court day now be a factor? In two weeks only one call back from Larry, could it have been... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

You have to ask your own attorney about all of this.

1 Answer | Asked in Workers' Compensation for California on
Q: Settlement letter from my attorney.

7 years ago I injured my leg at work. I moved from area moved with family financial problems. Have not heard from attorney for 4 to 5 years got letter 6 months ago if i wanted settle my medical. There therapy H wave machine I've been using since I moved. I've been trying contact him... View More

John M DeProspo
John M DeProspo
answered on May 13, 2015

Your lawyer is the only one who knows what's going on. Keep trying to call him... sent him emails.. if need be, send him a certified letter asking that he call you immediately.

1 Answer | Asked in Workers' Compensation for California on
Q: Hurt my back on the job, and receiving workers' comp. My employer wants me to come back to work, what do I do?

HR now wants to see me and possibly sign paperwork? Good idea or bad idea. Is the company trying to protect their interest, so they don't get sued??

Bradley Jay Jones
Bradley Jay Jones
answered on Apr 10, 2015

Your doctor not your employer decides when you should return to work. I suggest you contact a California workers' compensation attorney because the law differs from state to state. If your doctor has released you, even to light duty, and the employer is ready for your return in Montana you... View More

1 Answer | Asked in Workers' Compensation for California on
Q: If I own a business and my children work there, am I required to carry workman's comp. on them?
Mr. Robin Mashal
Mr. Robin Mashal
answered on Feb 24, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should carry worker's comp insurance for all employees.

1 Answer | Asked in Workers' Compensation for California on
Q: is it possible to get records of past Workman's Compensation cases?

I was injured in a job related traffic accident around 1979 and saw a Doctor Robert Smith (at a Fireman's Fund office I believe), who diagnosed my spinal bifida in the course of his x-ray examinations so I could return to work. I need to get a copy of the x-rays for current issues.

Mr. Robin Mashal
Mr. Robin Mashal
answered on Jan 18, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can contact the doctor's office and request copies of your file. It may well be that they do not keep records dating back to 1979. If they do, they should be able to make...
View More

1 Answer | Asked in Workers' Compensation for California on
Q: off work because my employer has no modified duty after a work related injury, who pays my portion of medical benefits
Ronald Mahurin
Ronald Mahurin
answered on Nov 23, 2014

If youe claimed injury is admitted by the carrier, you should incur no costs for treatment. If the claim is denied and you are seeking treatment through your regular medical provider you might be asked for co-pays, but you can send copies of the co-pay receipts to the carrier for reimbursement. In... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I have wc case my lawyer not keeping informed on the case can I fire him without paying him if I hire a new lawyer? I

I was told by doctor that it's 80% chance that both knees will need replacing what kind of settlement or ball park I'm I looking at

Andy Chen
Andy Chen
answered on Nov 28, 2014

You can certainly fire your lawyer at any time, but you need to pay him for all the work he has done up to that point. If you and he dispute the value of the work done up to that point, then the two of you need to go to mediation or arbitration to resolve that. Unless he did absolutely nothing at... View More

1 Answer | Asked in Workers' Compensation for California on
Q: what do you do if your work comp lawyer has passed away
Andy Chen
Andy Chen
answered on Nov 28, 2014

Ask for a delay in the proceedings so that you can go find a other lawyer. Hopefully your lawyer had colleagues or staff from which you can get your case file.

Andy

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.