Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Your current state is Ohio
I have health issues caused by exposure to TCE due to my workplace environment. A previous lawsuit by county and landowners against the company was successful regarding the same issue. I have not settled my workers' compensation claim, and there is documented evidence of the company's... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
In most cases, workers’ compensation is the exclusive remedy for workplace injuries. This means that once you pursue a workers’ compensation claim, you generally cannot file a separate negligence lawsuit against your employer for the same injury. Workers’ compensation laws are designed to... View More
In Mississippi, can someone file a workers' compensation lawsuit against a company due to exposure to TCE in a factory and then, after about a year, file another lawsuit against the same company for negligence related to this exposure? There is documentation of the exposure 40 years ago,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 14, 2025
Worker's Compensation will not lie for an employee injury at the job 40 years ago. SOL is long gone.
I and other employees at a factory have experienced health issues due to exposure to TCE (trichloroethylene) used by the company. We have initiated legal action through workers' compensation. Additionally, the company has compensated landowners and the county for damages. Can we also file a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
In general, if you are receiving workers' compensation benefits for an injury or illness related to TCE exposure, you may not be able to file a separate negligence lawsuit against your employer for the same issue. Workers' compensation is designed to be the exclusive remedy for... View More
I have filed a lawsuit against a company for negligence related to health issues that I did not initially know qualified for workers' compensation. Some workers may have already received compensation. I am considering filing for workers' compensation now. Can I pursue both workers'... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
Yes, you can pursue both a workers' compensation claim and a negligence lawsuit against your employer, but there are some important factors to consider. Workers' compensation is a no-fault system, meaning you can receive benefits for injuries or health issues related to your job, even if... View More
My adult daughter has been experiencing debilitating dizziness and head pressure for two years. After months of asking, Kaiser sent her to a neurologist in the summer of 2023, and she was told her MRI brain scan was normal. She recently had another MRI in February 2025, and the neurologist revealed... View More
answered on Apr 12, 2025
If there are additional harm caused from the failure to find and advise of the problem there could be a case.
First, there must be malpractice. Here it appears the doctors breached the standard of care.
An attorney would have to study what harm was caused by the breach and see if it... View More
I am facing foreclosure on a property where my deceased husband was on the mortgage, and I am on the deed. He passed away over seven years ago, and I have missed some payments. He was a veteran, and the VA is requesting a 30-day extension. I haven't spoken to a foreclosure attorney, and I am... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
I'm really sorry you're dealing with this—it sounds like an incredibly stressful situation. Since you’re on the deed, you may have some rights, even though you weren’t on the mortgage. Lenders sometimes allow what's called a "successor in interest" to assume the loan,... View More
I purchased property in Tennessee in 2022 using a warranty deed, which includes a parcel and pieces of multiple parcels described with measurements. This was recorded at that time. In 2024, I agreed to a loan with the seller (who owns the adjoining 15 acres) using 2 acres near my property as... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
An affidavit cannot convey title to property. You may have no legal remedy, especially with that life estate out there. If you cannot afford to hire an attorney to sue for quiet title against the remainderman, then forget about it. At the least you need to do a title search of all the subject... View More
I live in Kentucky, and I have a judgment against me related to a workers' compensation claim. I haven't filed for any homestead exemption, and the case hasn't gone to trial yet. Can the state force me to sell my primary residence to fulfill the judgment?
answered on Apr 11, 2025
They can if there is sufficient equity in the property to satisfy the judgment.
I suspect real estate fraud involving my ex-husband and two title companies during our divorce process. In 2013, while our divorce was pending and not finalized until 2014, my ex-husband bought two houses using his workers' compensation settlement. These properties were recorded under his name... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
I'm really sorry you’re facing this—it’s incredibly painful to discover that someone you once trusted may have hidden assets during a divorce, especially when you were vulnerable and under medical care. In Michigan, both parties in a divorce have a legal duty to fully disclose all... View More
I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 8, 2025
Dear injured worker,
It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented.... View More
My father was a semi-truck driver and was found deceased at his employer's office. He wasn't discovered for 11 hours. There were no medical assistance measures or protocols on site, and his employer has not communicated with us since he was found. The incident was not reported to OSHA... View More
answered on Apr 10, 2025
This does not appear to be a "failure to provide a safe work environment" case from the narrative you provided.
I have been experiencing discrimination and retaliation at my job as a package loader in a mail carrier company for over a year because of previous EEOC complaints and a workers' compensation claim I filed. Even though I was cleared by the company's doctor, my employer continues to take... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
I’m really sorry you’re going through this—being treated unfairly at work, especially after standing up for yourself, can feel exhausting and isolating. If you’re facing retaliation because of past EEOC complaints or a workers’ compensation claim, that may be a violation of both federal... View More
I'm currently on medical leave due to anxiety, and my doctor extended this leave until May. While on leave, I fell and now require shoulder surgery scheduled for May 7, 2025. My employer informed me verbally on April 1, 2025, that they cannot accommodate additional time off and plan to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
I’m really sorry you’re going through this—navigating both physical and mental health struggles while feeling pressure from your employer is incredibly overwhelming. In Michigan, if your medical leave is protected under the Family and Medical Leave Act (FMLA), your employer generally cannot... View More
I was injured at work and have undergone surgery on my wrist. My doctor recommended light duty due to nerve issues, but Workman's Comp seems to be pressuring the doctor to clear me for work. The doctor saw my hand shaking but dismissed it. I haven't received clear guidance on my work... View More
answered on Apr 5, 2025
If you have an attorney representing you, you should discuss this issue with your lawyer. If not, you should retain an attorney. You will need to continue to get disability notes from your doctor while in treatment. If you are released to light duty, it should specifically state your limitations... View More
Can my employer deny my workers' compensation claim because of my pregnancy, especially when I've suffered a ligament strain and pain due to poor ergonomics in my physically demanding job, and they've also denied me permission to see a doctor?
answered on Apr 5, 2025
The company may try to deny it. You can get a workers' comp attorney, and you won't pay anything unless they win.
I am concerned about the management of my late son's life insurance policy benefits. He worked for the federal Department of Defense and did not designate a beneficiary, so the primary beneficiaries are his minor children. His mother was supposed to establish a Thrift Savings Plan to hold the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025
I doubt you have any legal standing here. And there are probably no causes of actions available. If a crime occurred, the SOL has run for both State and Federal, and that was probably what should have been looked into. If the Policy has already been paid out, then there are not any "next... View More
I have a summary of a California Workers' Compensation case cited as 62 Cal. Comp. Cases 1315, but I'm unable to find it in the official California Compensation Cases reports. How can I locate the full text of this case to cite it accurately?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 2, 2025
To locate this specific case, you have several options available to you as a California law firm. Volume 62 of California Compensation Cases was published in 1997 and contains Workers' Compensation Appeals Board decisions and appellate court cases from that year. Your case citation (62 Cal.... View More
I was injured outside of work and have a torn Achilles. My job, where I do construction and operate a forklift, has given me 3 months to heal, but I am still required to stand for 8 plus hours a day upon returning. If I go back to work as instructed, while still in a walking boot, and end up... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025
If you are not cleared by your doctor to return to work, you should not feel obligated to do so. Continuing to work while still recovering could further injure you, and this may expose your employer to liability, especially if they have not provided reasonable accommodations for your injury. It’s... View More
I'm a 75-year-old disabled woman living in an apartment run by a nonprofit organization. Today, I was informed that my para transit drivers can no longer meet me by the mailboxes on flat ground. Instead, I'm expected to meet them at the top of a hill, which is not ADA-compliant and poses... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025
You have every right to be concerned about the unsafe changes regarding your transport access. Under the Americans with Disabilities Act (ADA), you are entitled to safe access to services, including para-transit. The new arrangement where you're asked to meet drivers on top of a hill,... View More
I previously requested documents related to my reopened workers' compensation claim, but my former attorney was granted a recusal, and there's a lien from a judge on future results in my case. I want to obtain these documents to review past offers before deciding whether to settle or hire... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
I'm really sorry you're going through this—it’s frustrating enough managing a workers’ comp claim without having to track down your own documents after your attorney steps away. Since your former attorney has been officially recused and there's a lien involved, you're... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
