Get free answers to your Workers' Compensation legal questions from lawyers in your area.
When finding a lawyer on this site and looking through their profile and bottom offers an email that specific lawyer. My question is: Does that really go to that lawyer and that lawyer is the one replying back to you? I know it’s a silly question to ask but want to make sure. Thank you &... View More 
answered on Sep 26, 2023
When a lawyer creates a profile on this site, the lawyer has the option of including an email address in their contact information. The email address may go directly to the lawyer to another person at the lawyer’s law firm who screens potential new clients to determine if they are a legitimate... View More
Hello, I had a couple questions about a potential workers comp case. First of all, what is the likelihood of winning a wear and tear injury case that wasn't the result of an isolated incident/accident? I work somewhere where I stand on my feet all day and do a lot of heavy lifting and I have a... View More
answered on Sep 22, 2023
Likelihood of 'winning'=50/50. depends on what medical records reveal. If you've been Russian Dancing and Trick Riding on your free time, the insurer can deny it and then you have to convince an independent doctor that the tear came from work and not jumping off and on horses.... View More
The company let me go while on workmen comp and stated no reason for termination and California law doesn’t require to give a reason for termination
answered on Sep 18, 2023
It is not legally required, but it is commonly included in the terms of a workers compensation settlement.
As an employment law attorney (not a workers compensation attorney) I argue that forcing retirement to get a settlement is unlawful retaliation for filing of a workers compensation... View More
Was out of work for 16 months
answered on Sep 19, 2023
Rules require we adjust that 6% Whole Person Impairment by age and occupation. AGE: If you're 38 or less, it goes down a little. If youre 39 or older, it goes up. OCCUPATION: if you're a lawyer -- not physical at all -- it goes down. If you're a heavy equipment operator or a... View More
right hand Dominant Carpenter in the trade for 35 years falls on the construction jobsite tore The radial nerve out of his right arm, tricep muscle, which caused him to lose all function of his right, dominant hand fingers, thumb, wrist, and due to atrophy so bad deteriating the mussles in his... View More
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answered on Sep 7, 2023
In California, you absolutely have rights under workers' compensation laws to seek remedies for your injuries, which appear to be significant and life-altering. It is critically important to act promptly in asserting your rights; while there are generally strict time limits for initiating a... View More
Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More
answered on Sep 4, 2023
If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it... View More
2nd workers comp case was settled in 2014 lifetime medical .other workers comp case lawyer has settlement in future to be done 2nd case not being handled by lawyer because already settled back in 2014. lifetime medical doctor had me to work but job said I have to apply for their insurance to secure... View More
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answered on Sep 4, 2023
Under California workers' compensation law, a settlement from a previous case that includes "lifetime medical" should generally not impact the benefits you may receive for a new, unrelated workers' compensation claim. If your employer can't accommodate the work restrictions... View More
I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?
answered on Aug 31, 2023
You are but ONLY IF the contractor you hire does not have workers compensation insurance. If they do then no you would not be liable, the contractor you hire would be. You can go to the CA Contractor's Board and look up your contractor's license. There it will show you if he has valid... View More
My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More
answered on Aug 31, 2023
Filing for a hearing would likely help or better yet...hire a competent attorney. You have described some serious injuries. Do you know that most attorneys only charge 15% of the total settlement amount and that they cannot agree to any settlement without your permission? What are you waiting... View More
I already had a Laminectomy, Discectomy, Facectomy and Forminatomy surgery which did not work and now all doctors say a double level fusion is needed. I have a disability rating of 39% and can not return to my previous employment. The insurance company is offering a C&R settlement of $120k and... View More
answered on Aug 22, 2023
the problem with your question is no attorney can answer it honestly. you have not provided all necessary information to properly analyse the value of your case. the other problem is, no attorney is going to say its enough in the hopes of landing you as a client and getting at least $18,000 in fees... View More
Check my phone and address to see if am white listed/ black or if they hack my phone theres a clown/ bozo that's a 300 boys" from the sheriff's that won't leave me alone along with his friends so called business partners I have life insurance in my name I never purchased and... View More
answered on Aug 21, 2023
Hi Erick, you probably shouldn't put private information online like your name, address and phone number. Consider deleting your question as soon as possible. As for your concerns... do you have a case worker? I know some gov't agencies have case workers. Maybe you can set up an appt. to... View More
answered on Aug 21, 2023
LC 4663 requires a reporting physician to make an apportionment determination and indicates the standard for application of apportionment. There is nothing in the Labor Code that discusses “vocational apportionment.”
Vocational evidence from Vocational rehabilitation experts is... View More
The new owners of the property I reside on turned off all utilities for entire property. It is an outdoor storage facility for big rigs, construction and service businesses. Last night I got a call from one of the drivers for the street sweeping company that has its office and equipment onsite... View More
answered on Aug 15, 2023
Its not clear how you reside at a commercial facility but this is either a worker's compensation issue or a premise liability issue. So you either need a worker's compensation attorney (if you work at the location) or a personal injury attorney (if you live there but don't work there).
I deliver goods to a company in which they have you sign a yard rules agreement that contains this 1542 release. As I walking across scales I fell thru a manhole cover does that mean they are not liable for injuries?
answered on Aug 6, 2023
You have a workers compensation claim with your company, regardles of the waiver.
As to a claim against the company, it depends on what the waiver says, who it releases, who owns the property, who owns the manhole cover and the utilities underneath it.
If you are injured, you... View More
Worker was paid cash, he fell off ladder and hurt himself. Went to the hospital he told them he was hurt at home ( this was about sept oct 2022). As a result of injury he can no longer work. What is the consequence of 1. turning into insurance now, 2. giving him some cash or 3 ?? I think he is... View More
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answered on Jul 28, 2023
If the worker decides to turn the injury into insurance now, the consequence could be that the insurance company may investigate the claim and may request information and documentation related to the injury, which could potentially expose any discrepancies or inconsistencies in the worker's... View More
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answered on Jul 23, 2023
I'm sorry to hear about your injury. You can take the following steps on your case:
1. Seek immediate medical attention for your broken leg.
2. Document the incident, including details of how the accident occurred and any potential hazards on the property.
3. Notify... View More
Have an open WC case since 2021 also a civil suit that was settled for the same body injury. WC paid me 92 weeks of benefits before they stopped. I have 25% disability raiting for arm/shoulder and 8%cervical. Final medical examiner report.
answered on Jul 14, 2023
it sounds like you dont have a work comp attorney? if thats the case you were cheated by your civil attorney. this is common when you only get a civil attorney and ignore the work comp case. you likely paid 33% to your civil attorney in fees on the same money work comp would have paid you for only... View More
My payments are being calculated using the average weekly wage from my last 6 months of employment, which included 3 weeks unpaid days off ( 1 week at each of 3 holidays) several weeks which were only 1 or 2 days due to extreme weather and a couple weeks I had to take off for personal reasons. Can... View More
answered on Jul 10, 2023
Hi There. The short answer is yes you can. You want to argue that if they are going to try and come up with your average weekly wage that it needs to be a typical 6 months worked, not one where you happen to be out a lot for one reason or another because from what I gathered those 6 months they... View More
answered on Jul 6, 2023
The answer to your question depends entirely on where you injured yourself.
Any injury that occurred while you were working will be handled through the workers compensation system, and you should locate and consult with a workers compensation attorney right away.
Any... View More
M3dical treatment?
answered on Jun 26, 2023
I'd be committing malpractice if I answered this question because I would need to see the compromise & release first before I could tell you exactly what you are giving up. Generally speaking you would not be able to reopen your case like you could within 5 years of your last date of... View More
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