Get free answers to your Workers' Compensation legal questions from lawyers in your area.
He’s not letting me fully recover, and telling me if I don’t show up to work, he will fired me…
answered on Nov 1, 2022
yes he can do that, but it may violate your rights under the law. you should consult an experience work comp attorney who can assist you with your claim from beginning to successful settlement when your treatment is concluded.
If I can’t get a hold of hr dept who can I talk to
answered on Oct 31, 2022
Give up on 'chatting' and put the words in writing and fax them to the office; keep a copy of the fax transmission report. When you have such an unprofessional institution you really need to put everything in writing, and immediately. I'll be the company's fax number is on... View More 
Why did workmans compensation company stop my checks there Dr stopped me from working because of my injury I am getting ssi disability checks now but I thought that of a workmans compensation Dr couldn't help your injury so you can go back to work but stopped you from going back to work... View More
answered on Oct 20, 2022
it sounds like you did not hire an attorney to represent you so you acted as your own lawyer in your case. That is never a good idea. Perhaps you dont understand that the insurance company #1 obligation is to the shareholders, not you! if you truly understood this you would have 1. hired a lawyer,... View More
Degenerative Disk Disease/ Plantar fasciitis in the left foot workers comp award was made in favor of
the employee in 2010 for the foot. The employee has been there 25yrs his age is 56 Latino male is this a strong case under the ADA laws, Federal, State, and local? The employee feels like... View More
answered on Oct 17, 2022
There is no where enough information provided to allow anyone to estimate the settlement or judgment value of your case, or even if you have a meritorious claim. The analysis to be performed needs information to include the essential functions of your job, your specific restrictions, whether there... View More
I have had multiple issues with my current job besides my injury and want to leave as soon as possible, but have not been able to file my claim due to falling ill during the deadline week. I just began physical therapy for my hand and am looking for new work. If I file my claim after quitting my... View More
answered on Oct 12, 2022
Post-separation claims ARE PRESUMED NON-COMPENSABLE so filing after quitting is the worst idea possible. It takes about 2 minutes to write and submit the Workers Compensation Claim Form (DWC Form 1); it's FREE on the internet and your portion is 9 lines. You just hand a copy to the boss OR... View More
When picking things up even driving. Injury was caused at work. Currently receiving temporary disability payments
answered on Oct 11, 2022
The cyst by itself has no value. At the end of your healing, the Treating Physician SHOULD write about your WHOLE PERSON IMPAIRMENT, the total impairment you have from all the body parts injured in the fall at work. Maybe the reporting doctor will write that a cyst is a great permanent... View More
answered on Oct 11, 2022
AGAIN: if you have a friendly, very carefully-chosen physician writing the evaluation report, the report could find that the Whole Person Impairment is increased as the result of stenosis and the cyst. There is no dollar amount add-on for spinal stenosis or a cyst. THE KEY is are these... View More
Disagreed and sent me to see QME the QME said that he doesn’t see anything really wrong but I’m still in pain so he recommended epidural lower back I jections and a cortisone shot for my elbow also recommended I see a pain management Dr and chiropractor. It doesn’t make sense to me why he... View More
answered on Oct 11, 2022
Sounds like you let the Insurer pick the worst doctors in the world for you. How sad! But the damage is done. It may be that the QME found you are not at Maximum Medical Improvement until you complete a course of conservative treatment, so the adjuster will just OK the Requests For... View More
They took MRI’s and X-rays and said that I shouldn’t be in so much pain but I am what can I do? My MRI’s show that I have spinal stenosis and that I have a cyst on my inner elbow from the fall
answered on Oct 11, 2022
Not much you can do. Some injuries don’t show on testing. California work comp does not pay much for pain only. You can visit a pain management doctor for pain relieving drugs but that’s not a good long term solution either.
I am an independent contractor from the Philippines and my employer is a US citizen who has not paid for $2500 and more than 30 days past due. I need assistance in reference to the unsettled payment and corresponding charges for damages and other fees.
answered on Oct 5, 2022
Workers Compensation IS NOT a remedy for Independent Contractors. Wage Claims are NOT covered by the Workers Compensation Act of the Labor Code. (It sounds like it would, but it's just for employees who get physically hurt performing their job.) If you are an Independent Contractor, you... View More
It has been over a year in which the referral for a reevaluation was submitted through the Orthopedic Practice. Sedgwick has completely ignored the request. Initial surgery for carpal and cubital tunnel syndrome failed due to delay of two years fighting Sedgwick to approve the surgery. The current... View More
answered on Sep 22, 2022
8 years! your attorney needs to answer these questions for you. if you dont have an attorney, i see why your getting nowhere. we cant answer your question about Sedgwick's "requirement" to use the UR process without more info. work comp is very complex, as you well know. however an... View More
My coworkers and I were placed in harm and contracted the Covid-19 disease causing significant illness.(Hospitalizations) This was as a result of documented and substantiated negligence on their part. How can one find an attorney to take on a case such as this one.
answered on Sep 14, 2022
This attorney doesn't exist because such a claim cannot exist. Work-related injury MUST go to the Workers Compensation Appeals Board. Work-related losses filed in Superior Court as a class-action or personal injury will be dismissed for lack of jurisdiction. Superior Court judges are not... View More
I suffered a severe reaction, from coughing & choking to blackouts & memory loss. We learned of the toxic chemical after the workers’ comp doctor ordered the employer to have an air sampling test completed. In the weeks leading up to the severe reaction, I was feeling awful; fatigued,... View More
answered on Sep 12, 2022
No. All workplace injuries and medical conditions are the exclusive jurisdiction of the workers compensation system. There are some very limited exceptions. You should speak to your workers compensation attorney about those.
Good luck to you.
Pain would this injury be permanent and would I be given anything In court for this injury even if the cortisone shots released the pain temporarily?
answered on Sep 14, 2022
You get ZERO for 'pain' in workers comp. If a physician on the network writes tht you have WHOLE PERSON IMPAIRMENT because of actions this elbow can no longer perform, there would be an award of Permanent Partial Disability. Only the Treating Physician can decide if the condition is... View More
Will I have to see the QME a third time and is this normal in a workman's comp case?
answered on Sep 14, 2022
Sadly, yes this is normal. The insurance companies legally deny all treatment, and then the QME writes that the insurance company should have granted the treatment and you still are not at maximum improvement. If you had an attorney, that attorney should have shown the QME Report to the... View More
answered on Sep 14, 2022
Yes, since the insurer can keep denying the treatment and the QME wants the treatment done before releasing you, 3 QME visits is not unusual.
He said i have a cyst on my elbow and spinel stenosis mentioned epidural injections and pain management and chiropractor does this mean I am not MMI or P&S
answered on Sep 14, 2022
Correct! You are still temporarily partially or totally disabled, not yet at Maximum Medical Improvement. GET THE TREATMENT he suggests in his report or he's going to be ticked if you come back and you didn't elect a good Pain Mgt doc from the MPN and get the epidurals (or at least have... View More
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answered on Sep 16, 2022
Yes, if you are expected to be spending that time primarily for the employer's benefit. However, if you are an exempt employee, there is an exception.
answered on Sep 7, 2022
The QME has exceeded the scope of the evaluation as QMEs no longer control medical treatment. If your treating physician asked for an epidural, then the carrier needs to send the request through UR and IMR. I say this because an epidural is not a diagnostic, but treatment. Rest assured the carrier... View More
no symptoms as of yet but it only happened last week do I have a case or at least an owed some compensation for putting me at risk
answered on Aug 19, 2022
No, with these facts, you don't have a case. If you actually develop a debilitating illness, you can file a workers compensation claim. There is no award the Labor Code just for enduring a risk.
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