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Workers' Compensation Questions & Answers
0 Answers | Asked in Workers' Compensation for California on
Q: My lawyer is advising me to take a 38,500 settlement with no future medical. My question is I guess would Medi-cal help.

My lawyer advised to take the settlement and apply for Medi-cal and have them take out my hardware and pay for physical therapy. The only red flag is my first surgery was payed by medical as well , but my incision did get infected. I didn’t think about workers comp since I was in so much pain... View More

0 Answers | Asked in Employment Law and Workers' Compensation for West Virginia on
Q: Is there anything I can do? They just keep making excuses.

My former employer fired a bunch of us after the big aep sale season of 3 months of 12+ hour shifts and constant calls. Now we will not get our other half of our bonus which would’ve been paid out in march. They’re saying I had 18 sales I have picture proof of a message and photo of the sales... View More

2 Answers | Asked in Workers' Compensation for California on
Q: My workers comp lawyer has advised me to take 38,000 settlement w/ no future medical. But I need hardware removed.

My lawyer is telling me to go on medical and have them pay my hardware removal. Feeling kinda sketchy about that. I broke my ankle in the parking my employee provides for me, I was just taking a walk and the concrete was uneven and that’s when I fell and it was bimalleolar fracture. Screws on... View More

Dennis Dascanio
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Dennis Dascanio
answered on Dec 20, 2024

Dear Injured Worker,

It is difficult to evaluate the value of a claim without the opportunity to review the medical records. However, the fact that you still have screws in your ankle would indicate that your claim has a higher value than $38,500. It is not unusual to seek a second opinion...
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0 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I received an email from the veterans affairs office for a settlement and I would like for a lawyer to look over it

I need guidance from a lawyer In reference to a settlement proposal for an EEO complaint from veteran affairs.

2 Answers | Asked in Workers' Compensation for California on
Q: My lawyer wants me to settle for 38,500 with no future medical. I’ve had this case for almost 1 year now.

I’m not sure what to do I’m 29 years old with screws and rods in her ankle.

Steven James Foster
Steven James Foster
answered on Dec 19, 2024

You are not required to give up your right to medical care for your work injury. The settlement is likely based upon the findings of a Qualified Medical Evaluator (QME). The QME will help determine the value of your case by addressing your periods of temporary disability, level of permanent... View More

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2 Answers | Asked in Workers' Compensation for Florida on
Q: Does each injured body part in a FL work comp have it's own 1-year statute of limitation for medical care?

Example: Injured left knee and right ankle in a fall. Does the 1-year clock start with the last appointment for the whole claim or last appointment separately for each body part?

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
answered on Dec 18, 2024

The work comp statute of limitations in Florida is complicated and is also very fact dependent. Generally, the statute of limitations is 2 years from the date of accident or 1 year from the last date of work comp benefit such as medical treatment, medical mileage reimbursement, a work comp benefit... View More

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0 Answers | Asked in Workers' Compensation on
Q: Is overtime or bonuses factored in for my reduced earnings?

I've consistently worked overtime almost every week and earned bonuses by doing extra work previous to my injury. The injury to my hand causes pain after constant use so I physically cannot work overtime consistently. I can do the extra work once in awhile as long as the pain isn't too... View More

1 Answer | Asked in Workers' Compensation for California on
Q: Where are some places get reviews of worker's comp lawyers? Are lawyers allowed to provide previous clients?
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 11, 2024

You can find reliable reviews of workers' compensation lawyers through trusted legal directories like Avvo, Martindale-Hubbell, and your local bar association's referral service. These platforms often include detailed client feedback, peer ratings, and disciplinary records to help inform... View More

0 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for New Mexico on
Q: Work injury, My employer cancelled drs appointments due to staff shortage. Written up for being upset about cancelledApt

2 Hernias have been discovered now that I have had a CT scan. Job is Physically demanding.

0 Answers | Asked in Workers' Compensation on
Q: I would like to know if there are any changes to the worker's compensation filing time frame in Illinois.

I will first say that when my back problem/pain first started I was on Illinois Medicaid insurance and always had Medicaid insurance. I used to work at a grocery store in Illinois. My back pain first started in early Nov. 2017. I didn't report anything since I thought it would go away after... View More

4 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Can I get compensation for working in a borax mine and ultimately being diagnosed with lung fibrosis?
Gary Alan Jackson
Gary Alan Jackson
answered on Nov 27, 2024

Yes you are describing an injury that occurred at work. You have a work comp case. Of course the carrier will deny it. So hire an attorney and prove it up! It’s easy for you the lawyer does all the wound you pay nothing out of pocket ever.

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0 Answers | Asked in Workers' Compensation for Kentucky on
Q: Finger tip amputation, does workers comp pay for prosthetic?

Had a traumatic finger tip amputation at work using a circular saw. The wound healed, a few months later I had to have the finger nail removed and the dr took more bone out shortening my finger even more. I found a finger tip prosthetic to help get complete movement of the finger. Was wondering if... View More

4 Answers | Asked in Workers' Compensation for California on
Q: what can I do about a Worker's Compensation case that I had we went to court in September but I haven't received my mone

The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More

Ronald Mahurin
Ronald Mahurin
answered on Nov 25, 2024

1) Contact your attorney.

You say you resolved your case including a payout plus retroactive TTD. The court by default gives defendants 30 days to pay an award. After 30 days you are entitled to penalties and interest.

Cash the checks.

WC payments are tax fee, not...
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0 Answers | Asked in Workers' Compensation for Indiana on
Q: My husband died of lethal heart arrhythmia while he was on the clock. He was way over exerting himself. Work comp?

He was 61 healthy active with no medical conditions. Is this worth pursuing a workmans comp lawsuit?

3 Answers | Asked in Workers' Compensation for California on
Q: Can I change my lawyer?

I was injured at work on August 13th, work has a policy where they can only accommodate me for 90 days with restrictions. My 90 days have come to an end and I still haven’t had any physical therapy nor an MRI. I did retain a lawyer and saw a new doctor but I haven’t seeing any progress. Now my... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on Nov 13, 2024

Hi there,

Yes, as the client, you have the absolute right to change lawyers at any time. Your concerns about your financial situation and medical recovery are legitimately, and should be taken seriously by your current attorney. I would start by having a conversation with them, and not...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for New York on
Q: Workers Comp baring me from applying for SSDI?

I received a settlement offer from Worker's Comp.

However, there is a stipulation in the settlement paperwork that states that I can't apply for SSDI FOR AT LEAST 30 MONTHS AND CANNOT RETURN TO WORK TO THE SAME PLACE IFI ACCEPTTHIS OFFER. Is it legal to bar me from applying for... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2024

I'm sorry to hear about the challenges you're facing with your Workers' Compensation settlement. Navigating these complex issues can be stressful, and I hope the following information helps to clarify your concerns.

Disclaimer: This information is based on New York law and is...
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