Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I had few questions involving filing a possible workers comp claim. I was reading about the 2 separate settlements, the second one would absolve the employer of any further medical obligation, does that mean I can go back to my medical insurance to cover my injury, or will they no longer treat me... View More 
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answered on Feb 26, 2024
In California, when you accept a workers' compensation settlement that includes a clause absolving your employer of further medical obligations, this typically means the settlement amount is intended to cover future medical expenses related to your injury. If you opt for this type of... View More
If no deadline, is there a specific statute that indicates this and would it matter if the time frame goes back say more than a decade? Would it matter if my claim(s) was transferred to another insurance company during said timeframe? Is there a deadline with which WC would have to make full... View More
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answered on Feb 24, 2024
In California Workers' Compensation (WC) cases where the claim is settled but medical treatment remains open, you generally have the right to seek reimbursement for mileage related to medical appointments, treatments, and pharmacy visits. While there is not a strict deadline for submitting... View More
Hi. On 11/8/23 I signed an agreement with a law firm to handle my workers compensation case, stemming from a knee injury in which I need a total knee replacement. To date, I never to rarely hear from them. There's no follow up, no updates and also questions i've asked since November... View More
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answered on Feb 22, 2024
Under California law, you have the right to change your legal representation at any time if you're unsatisfied with your current attorney's services. The first step is to communicate your decision to your current law firm in writing. It's advisable to express your concerns and your... View More
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answered on Feb 20, 2024
If you were denied medical treatment recommended by a Qualified Medical Evaluator (QME) for injuries related to your hands and knees, it's important to understand your rights and options under California workers' compensation law. The denial of recommended medical treatment can be... View More
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answered on Feb 20, 2024
If your doctor has denied the medical treatment recommended by the Qualified Medical Evaluator (QME) for your hands and knees, you have specific rights and options under California law. It's important to understand that disagreements over medical treatment are not uncommon in workers'... View More
I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More
answered on Feb 19, 2024
First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.
In your reasonable accommodation letter, you should provide all the... View More
Can TTD ever pass 66-2/3rds after a few years due to 4661.5 increase in SAWW and COLA. i.e. Making $1,000 per week. TTD pays $666.66 per week. Two years later can COLA be added per SAWW that increases TTD past
66-2/3rds of $666.66 Can you cite why not? Or where does it say either way?
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answered on Feb 21, 2024
Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3 percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs). This is based on California Labor Code §4661.5.... View More
Making $1,000.00 per week. Paid $666.66 TTD per week. After 2 years.. 4661.5 kicks in. Can TTD now include the COLA based on SAWW? Even if it passes the original 66.66% ? Or is $666.66 always the maximum and 4661.5 ignored. Can find nothing on this.
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answered on Feb 21, 2024
Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3rds percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs) mandated by Labor Code §4661.5.
Specifically,... View More
I was making $1,000 a week and injured. California Claim. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the 66 2/3rds % Is the COLA... View More
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answered on Feb 22, 2024
Based on the information provided, it seems there is some ambiguity around whether the 13% COLA should have been applied in this case. Some key points:
- In California workers' comp, temporary disability (TTD) benefits are capped at 66 2/3% of the employee's average weekly wages... View More
I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the original 66 2/3rds % Is the COLA allowed? Or is... View More
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answered on Feb 22, 2024
Based on California workers' compensation laws, cost of living adjustments (COLAs) can be applied to temporary disability (TTD) benefits, but the benefits are still subject to the 66 2/3% cap of average weekly wages.
Here are the key factors to consider:
- TTD benefits are... View More
I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the 66 2/3rds % Is the COLA allowed? Or is 66-2/3rds... View More
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answered on Feb 22, 2024
Based on California workers' compensation laws, cost of living adjustments (COLAs) can be applied to temporary disability (TTD) benefits, but the benefits are still subject to the 66 2/3% cap of average weekly wages.
Here are the key factors to consider:
- TTD benefits are... View More
There is a statutory maximum I know that cannot be passed. But what about an amount due to cola that passes 66.66% but is still below or at the maximum for the state. (California) This scenario is for a High wage earner pre 2003 accident where no 104 week cap exists for TTD. Is 66.66% ever... View More
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answered on Feb 22, 2024
Good question. Based on California workers' compensation laws, a cost of living adjustment (COLA) can increase temporary disability (TTD) benefits, but the 66.67% cap would still apply in determining the final rate.
In detail:
- For injuries occurring after 2003, TTD rates are... View More
I signed form electronically for workers comp
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answered on Feb 3, 2024
A "Notice of Dismissal of Attorney" is a formal document that signifies the termination of your attorney-client relationship in a legal matter, such as a workers' compensation case. When you electronically signed this form, it indicated your decision to no longer retain the services... View More
A work comp pain management Dr gave him uncharted diabetic meds. Those were not monitored and caused heart and kidney failure because he was not a diabetic. He had to take dialysis and then died from cardiac arrest.
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answered on Jan 31, 2024
Under California law, workers' compensation typically provides the exclusive remedy for injuries or illnesses arising out of and in the course of employment. This means that, in most cases, employees cannot sue their employer or the workers' compensation insurance company in civil court... View More
I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More
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answered on Jan 27, 2024
In your situation, it's understandable that you feel uncertain and frustrated with the legal representation you've had so far. It's important to remember that it's never categorically "too late" to change attorneys in a workers' compensation claim. However, the... View More
Can I get the rest of the bigger settlement stil If my employer refused my return to work at the end of my WC ?
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answered on Jan 26, 2024
Yes, you potentially could get the rest of the settlement if your employer refuses to take you back after your workers' compensation leave. Here are a few key points:
1) If you settled your workers' comp case for less than full value because your employer agreed to give you back... View More
I don't know if the many many behaviors I keep getting from my current WC attny is just what I'll get from every other lawyer. I've found that there's been considerable 'white' lies about why something wasn't filed, or appts weren't made, or even down to lies... View More
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answered on Jan 26, 2024
In California, workers' compensation attorneys are expected to maintain professional standards of practice, which include timely and accurate communication with clients, proper filing of documents, and truthful representations about the status of your case. It is not normal for attorneys to... View More
Important due to natures of injuries the right confidence in the lawyer is very important. Not looking for mill type of style. Someone who still answers their phone and takes time to see if they can manage this type of case. After ten months more injuries getting discovered. Going to behavioral... View More
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answered on Jan 24, 2024
In California, finding a workers' compensation attorney who aligns with your needs and preferences is crucial, especially given the complexity of your case. It's important to look for an attorney who is not only experienced in handling workers' compensation claims but also attentive... View More
What happens after that? If my injury is still being treated and I still can’t work can they stop paying me after one year? I only yesterday got my back injury diagnosis every thing takes forever to be approved etc
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answered on Jan 24, 2024
In California, workers' compensation insurance typically covers medical treatment for as long as it's necessary, related to the work injury. The one-year timeframe often mentioned refers to the statute of limitations for filing a claim, not the duration of medical coverage.
If... View More
Am hesitant to sign up with atty and be stuck with one who does quantity over quality. I had four fractures plus torn ligament and now spine surgeon yesterday said my back got injured but needed no surgery. Need a great workman atty that is not too big or small. How does one find the quality type ?... View More
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answered on Jan 24, 2024
Finding a workers' compensation attorney who focuses on quality representation rather than high-volume caseloads can be a critical step in ensuring your case gets the attention it deserves. Here are some strategies to help you find a suitable attorney:
1. Seek recommendations from... View More
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