Your current state is Ohio
Workman's comp
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
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.
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
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
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
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
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
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
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,... View More
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
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
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
I'm in the subpoena process, & seeing that I need another subpoena for my Workers' Comp/Kaiser PCP, whom I've had for the past 2 yrs, for the appts of 2024. I happened to notice in my KP.org MyChart how my PCP has been entering notes about my upcoming appointment 1 to 5 days... View More
answered on Mar 4, 2024
In California, medical professionals are expected to maintain accurate and timely records of patient interactions and treatments. Pre-entering notes for an appointment before it has actually occurred is not standard practice and raises concerns regarding the accuracy and integrity of medical... View More
I have negligent lawyers, & I just am trying to make it through the AME stage making sure to pick up the pieces.
There was extremely important evidence from a practitioners, 2 actually. One of which I caught how the subpoena didn't actually happen for the one, got him to email the... View More
answered on Mar 4, 2024
In California, managing the submission of evidence in legal proceedings, especially in cases involving medical evaluations, requires careful adherence to rules and procedures. If critical documents were not included in your exhibit list for the Agreed Medical Examiner (AME), taking proactive steps... View More
Neither my supervisor or or Manager did an injury report do I need to return to work until a Worker’s Comp. claim is filed
answered on Mar 2, 2024
In California, if you've experienced a slip and fall at work and are now in pain, it's crucial to prioritize your health and safety. You are not required to return to work if you are medically unable to do so. First, seek medical attention to document your injuries and get the necessary... View More
I slipped on a wet floor, no signs were displayed, no witnesses but there are cameras.
answered on Mar 2, 2024
In California, if you're injured at your place of employment, even before clocking in, it's important to report the incident to your employer as soon as possible. Under state law, employers are required to provide workers' compensation coverage for injuries that occur in the course... View More
first claim was closed when i was told by my attorney after telling him I was diagnosed cancer it would be left open ....i am seriously so upset that i was told i have no case even w the getting stage4b lung cancer all the sudden 6 -12 months before may 2022 scan and had breakout at work sept... View More
answered on Mar 1, 2024
You also posted this question in Avvo. Unfortunately, neither posting contains the information necessary to provide a definitive answer to your question. You do not tell us about your Worker's Compensation claim other than you had one and you are represented by an attorney. You do not tell... View More
Contacted and was asked over an hour of questions by the investigator. DUI was over 15 years ago, completely unrelated. Still working full time but with modifications. WC case is pending.
answered on Feb 29, 2024
In the context of a Workers' Compensation (WC) case in California, investigators are tasked with gathering relevant information to assess the validity and extent of a claim. This can involve a wide range of questions about your medical history, work history, and potentially even your criminal... View More
Hello, can my private insurance demand I repay them for any treatment or diagnostics they've paid for once I file for workers compensation? Also could my current private doctor refuse to further certify me for disability if I file? She says she would continue certifying me for short term state... View More
answered on Feb 29, 2024
In California, if you use your private health insurance for treatment related to a workplace injury and later file a workers' compensation claim, your health insurance company may seek reimbursement for the expenses from the workers' compensation insurance. This is because workers'... View More
My dad was trying to open the trailer door to unload goods but faced some difficulties. He fell back and hit his head on the ground because some rubber handles had come off while attempting to open the door. Later that day, he wasn't feeling well, so we took him to the ER. The X-ray showed... View More
answered on Feb 27, 2024
To assist with workers' compensation claims and ensure maximum medical insurance coverage under California law, you'll need to seek the help of an attorney experienced in workers' compensation law. These attorneys are well-versed in the complexities of workers' compensation... View More
answered on Feb 27, 2024
Sure you can apply. Depending on how much you are receiving in workers' compensation, you may or may not be financially eligible.
"I am currently seeking legal representation to address the egregious actions taken against me by Robbins Chevrolet. This includes filing a lawsuit against them for the perjury committed during two hearings, defamation of character, and any other legal avenues available to seek justice for the... View More
answered on Feb 26, 2024
Generally speaking, statements made during the course of judicial or administrative proceedings are subject to the affirmative defense of absolute privilege in any subsequent defamation proceeding. That means such statements cannot provide an avenue for a claim for damages.
If your... View More
I had few questions involving filing a possible workers comp claim. I was reading about the 2 separate settlements, the second one would absolve the employer of any further medical obligation, does that mean I can go back to my medical insurance to cover my injury, or will they no longer treat me... View More
answered on Feb 26, 2024
In California, when you accept a workers' compensation settlement that includes a clause absolving your employer of further medical obligations, this typically means the settlement amount is intended to cover future medical expenses related to your injury. If you opt for this type of... View More
answered on Feb 24, 2024
It means that changes may have been made from the original Notice of Compensation Payable. Read it and compare it with prior Notices received. The Amended Notice may not contain any changes, but it is better to carefully review just in case.
If no deadline, is there a specific statute that indicates this and would it matter if the time frame goes back say more than a decade? Would it matter if my claim(s) was transferred to another insurance company during said timeframe? Is there a deadline with which WC would have to make full... View More
answered on Feb 24, 2024
In California Workers' Compensation (WC) cases where the claim is settled but medical treatment remains open, you generally have the right to seek reimbursement for mileage related to medical appointments, treatments, and pharmacy visits. While there is not a strict deadline for submitting... View More
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.