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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: RUSH answer if possible! What is the sequential process of Withdrawal of Attorney vs Motion to be Relieved as Counsel

My attny called informing desire to dismiss me as a client..a week after I pointed out & voiced my frustration at their most recent egregious mishandling of my case so they would hop on it to fix them - several of which I've come to Justia to inquire about. Ironically claiming I... View More

James L. Arrasmith
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answered on Mar 17, 2024

In California, the process for an attorney to withdraw from a case, and for a client to dismiss their attorney, involves distinct legal steps and documents. If your attorney wishes to withdraw, they must file a motion to be relieved as counsel, typically citing reasons for the withdrawal without... View More

1 Answer | Asked in Workers' Compensation for Maryland on
Q: I had an accident last year can I sue and can they fire me
Scott Scherr
Scott Scherr
answered on Mar 17, 2024

If you were injured on the job, you can file a claim for workers' compensation. You cannot sue your employer in court. Workers' compensation is your exclusive.

It is illegal to fire someone for making a workers' compensation claim under Maryland law.

1 Answer | Asked in Workers' Compensation for California on
Q: With a work comp case:do benefits begin when a report and claim are filed or long after they send you to a doctor?
James L. Arrasmith
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answered on Mar 16, 2024

In California, the timeline for workers' compensation benefits to begin can vary, but generally, benefits start after your claim has been filed and accepted. It's important to report your injury or illness to your employer as soon as possible and to file a claim form (DWC-1) immediately... View More

1 Answer | Asked in Workers' Compensation for California on
Q: If an injured worker files a claim and the others insurance accepted the case, shouldnt there be benefits issued immedia
James L. Arrasmith
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answered on Mar 13, 2024

In California, when an injured worker files a workers' compensation claim and the employer's insurance company accepts the case, benefits should generally be provided promptly. However, the specific timing of when benefits are issued may vary depending on the circumstances of the case and... View More

0 Answers | Asked in Workers' Compensation for Maryland on
Q: Is the FLSA $684 per week ONLY for overtime, salaried positions?

We just hired a part time, hourly position to do some data entry. She does not have more than 10 hours per week, and we pay her $30/hr.

Are we out of compliance for this $684 weekly amount or does it not apply to her?

0 Answers | Asked in Workers' Compensation for Mississippi on
Q: In the state of Mississippi where is it in the law that I have to provide a recorded statement to claim adjuster

In a Workers Comp case? I keep getting its standard and not a clear answer. They have a written statement already.

1 Answer | Asked in Workers' Compensation for Mississippi on
Q: Where is the law in the State of Mississippi that you have to provide a recorded statement to a claim adjuster ?

I keep getting it is standard.

Andrew Charles Burrell
Andrew Charles Burrell
answered on Mar 14, 2024

While it is not required to provide a statement in a work injury claim to a claim adjustor. It usually occurs to help conclude the investigation of the report injury and claim. This is done because often the employer has not reported enough about the claim or the events leading to the injury for... View More

0 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Washington on
Q: Can I get workers comp back pay for approved work related mental health issue?

I'm in the later stages of my claim, trying to finalize PPD and extra back pay.

Quick synopsis: I was awarded workers comp for work related leukemia. Fought on my own to get claim approved and some back pay, received retraining but then couldn't find a job for over a year. Workers... View More

1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Iowa on
Q: What is Required/ consist of, to file appeal on an Arbitration Decision for workers compensation case in Iowa.

An Arbitration Decision by Deputy Commisioner on a Workers Compensation Case that needs to be reconsidered what all must I include or what does an appeal of this type consist of?

Mindi Vervaecke
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answered on Mar 12, 2024

This is governed by Iowa Administrative Code 876-4.27 and 4.28 and 4.30.

Please note there is a short deadline to appeal.

1 Answer | Asked in Health Care Law, Personal Injury and Workers' Compensation for Kansas on
Q: Can my health insurance carrier legally compel me to file a workers compensation claim for my workplace injury in Kansas
Tim Akpinar
Tim Akpinar
answered on Mar 19, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. Although you're awaiting a response, you should consider reaching out to experienced workers' comp attorneys in your state to discuss this. As a general matter, insurance carriers will often deny coverage... View More

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Am I waiving my rights to sue a for labor violations, harrassment, and discrimination if I sign off on a WC settlement?

Workman's comp

James L. Arrasmith
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answered on Mar 11, 2024

Under California law, signing a workers' compensation (WC) settlement does not necessarily waive your rights to sue for labor violations, harassment, or discrimination. However, it's important to understand the scope of the settlement agreement and any additional waivers or releases you... View More

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0 Answers | Asked in Employment Law, Workers' Compensation and Environmental for Ohio on
Q: Im wondering if the company Im working for is in violation of OSHA since they blow out dust on use while working?

Every Saturday or Sunday they alternate the company building I'm working in blows out dust on use it makes it hard to breath I caught up black stuff and blow out black stuff. I always feel sick and now I'm starting to itch all over. I'm just wondering if it's in any kind of violation.

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.

James L. Arrasmith
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answered on Mar 9, 2024

If you were attacked by a customer while working at 7-11 and had previously reported threats from the same individual to your manager, you may have grounds for legal action against your employer. Employers have a legal obligation to provide a safe working environment for their employees and to take... View More

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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Can I request the emails/letters sent by my lawyer/paralegal on my behalf to defense attorney?

My lawyers have done many, many things to my case that have become very problematic to my overall WC case and literally my health. It looks like purposefully done actions because the only other angle is that it would be pure incompetence.

I now have a feeling that several of the last email... View More

James L. Arrasmith
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answered on Mar 9, 2024

In California, as a client, you have the right to access your case file, which includes correspondence related to your case, such as emails and letters sent by your lawyer or paralegal to the defense attorney. This right is based on the principle that the client is the owner of the case file, and... View More

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: What documents can a defense attorney turn down for submission to AME doctor/evaluation?

My lawyers somehow forgot to include a very important practitioner I used via the workers comp system, on an older claim, though this practitioner is key in discussing the situation on my cumulative injury newer claim. My lawyers are saying that my defense attorney may turn it down now even though... View More

James L. Arrasmith
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answered on Mar 8, 2024

In California, the defense attorney has the right to object to the submission of new medical records or documents to the Agreed Medical Evaluator (AME) if they believe the records are not relevant, not properly authenticated, or not submitted in a timely manner. However, the specific rules and... View More

1 Answer | Asked in Workers' Compensation for California on
Q: When you change lawyers, does the new lawyer need to subpoena the old lawyer to get my files?

I wanted to find out the process of getting my files to the new lawyer, in general.

Is that for me to have orchestrated?

Is there a time frame for that process?

More specifically, my current lawyer, who has shown multiple signs of questionable actions of "dropping... View More

James L. Arrasmith
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answered on Mar 8, 2024

In California, when you change lawyers, the new lawyer does not typically need to subpoena the old lawyer to obtain your files. The process of transferring files between attorneys is generally more straightforward:

1. The client should provide written authorization to the former attorney,...
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1 Answer | Asked in Workers' Compensation for Louisiana on
Q: How do I get a complete copy of my claim record from my insurance adjuster.
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

A post like this does not contain the context, however, if you are in litigation and you have an attorney, then you discuss this with your attorney. If you are without an attorney, then you ask the other side if the insurance company is a defendant to provide it, whether it's a request to... View More

0 Answers | Asked in Workers' Compensation for Virginia on
Q: Hi i was injuried at work and was looking to find out more about vorginias workers comp laws and how to proceede thanks.

I suffered a injury at work and was just trying to gather info on virginias workers comp laws and how i should preceede thank you for your time any help is appreciated

3 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for California on
Q: 1 year reporting deadline for workers compensation cumulative injury?

Hello, last year around April I went to the doctor with joint pain I believed was a result of work. He ordered me physical therapy and some x rays but ultimately told me there was no was all my pain was caused by work and is likely fibromyalgia. Only months later around August when I decided on my... View More

James L. Arrasmith
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answered on Mar 6, 2024

Under California law, the reporting timeline for a workers' compensation claim due to a cumulative injury, such as the one you've described, can be somewhat complex. Generally, the time limit for filing a workers' compensation claim is one year from the date the employee knew, or... View More

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