Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Severance pay to give them time to find another job. I am currently on workmans comp but they laid me off as well. Will I get the 90 days pay together with my workmans comp benefits. Considering that I do t have a job to go back to once i have recovered from the injury According to HR the 90 days... View More 
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answered on Mar 2, 2023
If you were laid off while on workers' compensation, you may still be entitled to the 90 days pay and severance pay that the company is offering to other employees who were laid off. However, the interaction between workers' compensation benefits and severance pay can be complex and may... View More
My adjuster arranged appts 2 hours away. I have told them thst I am not capable of taking this trip...too much for me.
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answered on Feb 28, 2023
In general, workers' compensation laws require employers to provide medical treatment that is reasonably necessary to cure or relieve the effects of a work-related injury or illness. The employer or the insurance company is typically responsible for paying for this medical treatment.... View More
Injured at work, reported to employer, filed DWC1 Claim Form with my employer and they didn't open a claim with their work comp carrier as they are required to do. Can I now file an Application for Adjudication of my Claim with the Work Comp Appeals Board even if employer did not open a claim... View More
answered on Feb 27, 2023
your correct. it is not illegal to file your work injury case is the work injury court; workers compensation appeals board and you should do so asap or hire an attorney to do 100% of the work for you. whoever told you that is ignorant of the law but whats worse is not admitting it! your employer... View More
stringent restrictions from over a year ago. My PTP removed these restrictions recently.
Does old QME report trumps PTP's current evaluation?
How to change/update QME's report. Thanks, Steve
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answered on Feb 26, 2023
If your case has been settled with lifetime medical benefits and your employer is not allowing you to return to work due to the QME's restrictions, you may want to consult with an employment attorney who specializes in workers' compensation law to discuss your options.
In general,... View More
Im having issues with my neck and pain in my back .I have had two adjustments since September . I am in fear that my injury may be a bit more complex than I thought. I've lost my health insurance due to job loss .I asked if I was being dismissed because of the accident.I was told no. I then... View More
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answered on Feb 26, 2023
I'm sorry to hear about your situation. It sounds like you are experiencing both physical and financial challenges due to your work-related accident and subsequent termination.
If you believe that your termination was related to your accident or that your employer did not provide... View More
fall at work tore radial nerve out of my right bicep mussel lost all function of my right dominant hand fingers thumb wrist and my neck and back were denied by worker comp ins QME adds to industrial claim and worker comp ins adds as new and further when there from same industrial fall at work like... View More
answered on Jan 25, 2023
Your lengthy description of events really isn't an Insurance Bad Faith matter. You MAY have an malpractice case against your attorney regarding settling/dismissing some of your claims without your consent.
I suggest consulting with attorneys in your area who handle attorney... View More
Negligence of attorney or insurance to let pass a lot time my accident don't have cure ..
answered on Jan 2, 2023
You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... View More
I have a work related injury since 06/21/22 and now diagnosed from WC doctors with complex regional pain in my hands and in need of surgery and still no benefits and my attorneys responds to me was let’s not pock at the bear meaning at the adjuster not responding to anything I’ve also been... View More
answered on Dec 26, 2022
your attorney is the place to get your case plan. he is paid to answer all your questions. he works for you, to serve your interests and assert your rights. you can change your attorney if your attorney is not communicating with you.
It's been well past the 30 day cap still nothing do I get paid waiting for all those days past the 72 hours
answered on Dec 23, 2022
Sorry, but your employer has no legal duty to provide you with hours, and you are not entitled to money to compensate you for waiting to get more hours.
Good luck to you.
I have a very Serious and Severe Cervical Disc Problems. My Attorney will not Never Write this Down. Three Neck Disc Herniation. Diagnosed Cervical Myelopathy. Had Failed Neck Surgery. He keep asking Me to Settle with my Company and have Future Medical. This do Not feel Right. What shall I Do?
answered on Dec 18, 2022
It sounds like you may be a “failed back surgery” case. This designation can mean in workers compensation your permanently totally disabled so you should be sure your attorney is working up your case properly and completely or consult with another attorney who has a lot of experience, is hands... View More
answered on Dec 12, 2022
I am not sure if this is a legal question or simply a statement.
If you were injured while leaving the stadium, you need to act fast and retain an attorney. Depending on where the hole was could mean that it was public property or private property. If it is public property (public sidewalk... View More
An extension to continue payments. The QME ordered further treatment and recommended I see a pain management Dr which I’m not scheduled to see until Feb 22. The doctors notice is due by December 22. If not received I will lose my benefits and my job. What can I do
answered on Dec 9, 2022
hire an experienced work comp attorney to represent you. it costs nothing out of your pocket and fees are limited to no more than 15% of the settlement amount and generally no fees are taking on your TTD (wage loss payments). if you want to control your case rather than the claims adjuster, hire a... View More
5% herniated disc. No bending no stooping but does not specify how long from qme. 5 months later recieve return to work form from primary doctor. Leave of absence team states my qme results say restrictions are permanent. "Permanent" is not in the language. My qme does not specify... View More
answered on Dec 1, 2022
Is 'this' retaliation for workers comp? If you can PROVE -- not just state, but actually PROVE -- that the only reason you are not being offered a lighter job is in retaliation for requesting workers compensation benefits, then yes, this is a misdemeanor crime and a violation of Labor... View More
My employer only notified my RIF about 15 days in advance. Not sure if WARN act applies to them? Their corporate entity has less than 100 employees. But they are a global company, there should be more than 100 employees globally including the subsidiaries.
answered on Nov 29, 2022
First, the Federal and California WARN Acts apply based on the conditions, including number of employees, at specific locations, not globally.
Second, it was temporarily modified due to the Pandemic.... View More
answered on Nov 22, 2022
Try Max Gest in los angeles. i believe he is on Olympic Blvd. best of luck!
She was my mother and she has now passed, mostly due to her bad health and poverty as a result. She was beat with a baseball bat after dealing with harassment during all of her employment at Raleys. She said there were other women that had been harassed and assaulted at the same time.
answered on Nov 21, 2022
not sure what your asking. your looking to know if you have some type of legal case on behalf of your deceased mother due to an incident in 1986???
deducted while on workmen's comp??,I was just wondering If I will be deducted the bonus or lose any of the current 2/3 that I am being paid at the moment since I am to receive a bonus and back pay
answered on Nov 22, 2022
Sorry, NO. The Labor Code limits you to 2/3 of your 'Average Weekly Wage' AT THE TIME OF INJURY. But not after wage negotiations. So all the adjuster has to pay is 2/3 of what you earned at the moment of injury. IF you worked and earned wages (not TTD disability payments, just Wages)... View More
I got attacked by a customer physically mid-June and the symptoms of a trauma-stress disorder hit me mid-July very hard. (I already previously had chronic Generalized Anxiety and Severe Depression so I think those compounded with this newfound ptsd and I'm a wreck) I am currently in such bad... View More
answered on Nov 10, 2022
You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you... View More
I found an attorney from a referral list on line. Turns out, their offices are in Southern California, I'm in Northern California. They assured me the geography wouldn't be a problem. It was, from the very beginning. For example: they kept forgetting I was in Nor. Cal. I even bought a... View More
answered on Nov 8, 2022
We are in so cal and represent many in NorCal. It’s the firm you choose, not any other issue from what your describing.
My QME appointment was very thorough, almost 3.5 hours. The doctor's report nearly 70 pages, referencing medical journals and other studies and publications, etc. The report was very much in my favor. The defense attorney filed motion to depose the examiner. The deposition lasted 8 minutes... View More
answered on Nov 8, 2022
Talk to your attorney about this as he or she has the facts, we do not. If you don’t have an attorney then I can understand why you got screwed. Lesson learned; never go it along when fighting an insurance company for benefits
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