Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I went to new work comp doctor and they drug tested me.
They sent paper saying determination was non certify
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answered on Jan 24, 2024
In California, if your drug screen report from a workers' compensation doctor states "determination- non certify," it could mean that the test results are inconclusive or cannot be certified due to a possible error or irregularity in the testing process. This outcome might affect the... View More 
Is this normal ? Is there anything i can do?
answered on Jan 13, 2024
Was the denial appealed? Have you seen a QME or an AME?
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I was taken to the ER and my driver license was suspended. I’ve been having 3 seizures after the incident but have not gone to the ER because I do not want my license to be suspended for longer. Can I sue my employer under their WC policy?
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answered on Jan 12, 2024
In California, if you were injured at work, you generally have the right to file a claim under your employer's Workers' Compensation (WC) policy. This includes injuries resulting from incidents like fainting and hitting your head, as you described.
To initiate a claim, you should... View More
A coworker who position is lower than mine (but had seniority) would put me to do her tasks, despite her being aware of my limitations/health issues. I file an incident report against her and was still put to work with her. I have filed 2 incident reports against her. I was still put to work with... View More
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answered on Jan 11, 2024
Your situation sounds challenging and stressful, especially with the physical and emotional toll it's taken on you. In California, workers' compensation is designed to provide benefits to employees who suffer work-related injuries or illnesses, regardless of fault. Given your description,... View More
32% impairment rating. employer most likely won’t take me back because of my work restrictions
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answered on Jan 2, 2024
The timeframe for settling a workers' compensation case after reaching Maximum Medical Improvement (MMI) and receiving an impairment rating, like your 32%, can vary. It depends on several factors, including the complexity of your case, the stance of your employer and their insurance company,... View More
I injured my arm at work 7 months ago and immediately reported it. 6 months ago, I signed the authorization to release records pertaining to my injuries. I’ve asked my claims adjuster 3x for a copy of those records, which I’m entitled to, and each time he said he’d send them to me, but I... View More
answered on Dec 31, 2023
1) challenge the PTP report and request a Panel QME in orthopedics or pain medicine
2) write a formal letter to the adjuster requesting a copy of your records and anything sent to the PTP
3) If you don't receive the medical records promptly request a court date and have the WCJ... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
answered on Dec 15, 2023
Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at... View More
I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough... View More
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answered on Dec 10, 2023
It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.... View More
The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More
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answered on Dec 2, 2023
Under California law, employers are generally required to provide reasonable accommodations for employees' medical needs, which includes allowing time off for medical appointments. However, the specifics can vary based on the employer's policies and the nature of the job.
If the... View More
Due to a mass layoff. Does this mean I can file for unemployment.
answered on Nov 30, 2023
yes, but there may be some issues because you are filing late and there is a statute of limitations for unemployment benefits. It the statute has run, then you are barred from receiving benefits though you can probably apply on-line.
Normally to receive WC benefits you must attest that you... View More
or to the employer?
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answered on Nov 15, 2023
Under California law, a workers' compensation lien generally applies to the insurance carrier, particularly in cases where a settlement has not been reached. This lien is intended to ensure that the insurance carrier recovers a portion of the benefits paid out to the injured worker, especially... View More
What form does my doctor fill out to request my wife being home from work to care for me.
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answered on Nov 11, 2023
In California, if you've been deemed 100% disabled from a workers' compensation case, your wife may be eligible to receive payment for caring for you at home. The process typically involves having your doctor complete a specific form that details your need for at-home care and the role... View More
Since his injury happen, 6 months had to lawyer up. Now my cousin needs a complete hip replacement and is at risk for AVN disease and Crosis if not taken care of. He’s been handicap like this for a year and 2 months now and now other injuries are occurring due to his hip not being fix. He’s... View More
answered on Nov 9, 2023
Thank you for your work comp question. you seem to be in the dark about the reasons the case is in the position it is in. if that is the case, either your attorney is explaining things or not and /or perhaps you still dont understand? work comp is complex but a good attorney makes it simple to... View More
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answered on Nov 8, 2023
In California, workers' compensation insurance policies must be properly filed with the Workers' Compensation Insurance Rating Bureau (WCIRB). If an insurance company settles a workers' compensation claim, it is typically required that the policy under which the claim is settled be... View More
3 years ago i suffer i an accident, twisting my wrist while i was drilling on a steel gutter the incident was properly reported to my supervisor , at first i thought was only the hit but 8 months later find out that my scaphoid on my right hand was broke, orthopedic check my wrist and told me that... View More
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answered on Oct 31, 2023
Under California law, for work-related injuries, the primary remedy is through workers' compensation, not personal injury. There's a statute of limitations on workers' compensation claims. Typically, you have one year from the date of injury to file a claim.
However, if the... View More
Failed Neck Surgery and Failed Carpal Tunnel Surgery. Suffer Every Nite and Day. Can a Truthful and Honest Lawyer help Me?
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answered on Oct 23, 2023
Certainly, I understand your concerns. In California, the statute of limitations for personal injury claims, including medical malpractice, is generally two years from the date of the injury, or one year from the date the injury was discovered, whichever is earlier. However, there are specific... View More
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answered on Oct 21, 2023
In California, workers' compensation law allows for injured workers to receive necessary medical treatment and care services, including caregiving. The decision of who can serve as a caregiver is generally based on the medical necessity and reasonableness of the care. While there isn't a... View More
I told my son I would pay him whatever law requires and whatever they pay me. How much does workers comp owe by law? He has been my caregiver for past seven months.
I got approved for 24/7 care
I had a quadruple fracture as well as torn ligament. Still unable to walk. Also fell on... View More
answered on Oct 19, 2023
You need to be careful here. The law says if your son is already being paid for providing care giving services before they were authorized, then the carrier is not required to pay him to continue what he was already doing. The carrier has the option, so you might want to look into other options... View More
I was going to go to my employer to see a doctor for cumulative injuries. I have read in some places it is better to go to your employer's occupational clinic first because otherwise they will say well why you didn't go to them first. But other places I have read that they are not acting... View More
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answered on Oct 16, 2023
Under California law, when an employee sustains a cumulative or repetitive stress injury, it is advisable to report it to the employer as soon as it's discovered. The employer may have a designated occupational clinic, and seeing a doctor there could expedite treatment and benefits.... View More
I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes.
answered on Oct 13, 2023
Your employer does not have to provide you with anything. A "Doctor's Note" never requires the Employer to do anything. Your Primary Treating PHysician on the Workers Comp MPN SHOULD WRITE that until and unless you are provided with seating you are temporarily totally disabled due... View More
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