Get free answers to your Workers' Compensation legal questions from lawyers in your area.
JULY OF 2019 TO THE AMOUNT OF 45K WHAT AM I OWED FOR THE GUARANTEED PAY?
answered on Jan 18, 2020
I'm not sure what questions you have and this is not part of my practice area (I only represent people with work injury claims) so my answers should not be relied on to determine what rights you may have - it appears from your question that you received a raise as of July 2019. Your monthly... View More
I injured my back at work nearly a year ago. At the time, I thought it was minor, so I didn't report it or seek medical attention. However, months later, it is still causing pain and limiting my activities at and outside of work. I realize in hindsight that it was more severe than I had... View More
answered on Nov 19, 2019
You have one year from the date of the injury to file a claim at the Industrial Commission of Arizona (ICA). You can still do that if you are actually less than 365 days out. The more serious problem from your message is that you did not report the incident or what you thought might be an injury,... View More
Broke foot, pelvis, arm, L4&5, and dislocated shoulder. Company didn’t offer safety harness. Which they have implemented now after my accident. Also concerned about my future that I might not be able to return to the position and future pain and surgery and loss of mobility.
answered on Oct 15, 2019
To address your first question, in Arizona an injured employee who is receiving worker's compensation benefits is normally barred from bringing a personal injury claim against his employer. While it is possible for said employee to bring a lawsuit against his employer, these lawsuits are very... View More
I was asked by a friend to move to Arizona from San Diego into his mother’s house to be hired as her live in caregiver. Her son and I agreed to a set rate and payment schedule, and verbally confirmed our agreement several times, and though I’ve been here for 4 months now, I haven’t been paid... View More
answered on Sep 13, 2019
You would need to file a small claims action. It will need to be filed in Arizona, which may be difficult if you move it and move back to Cali.
something happens later in relation to that initial injury? Technically the nurse/patient relationship starts as soon as a nurse answers the phone but a patient has the right to refuse treatment in any other setting.
answered on Sep 12, 2019
Thank you for the question, but I don't think it has anything to do with a workers' compensation claim. The issue is more related to liability of a healthcare provider when the "patient" does not accept treatment in the first place. The general rule is that the provider is... View More
answered on Mar 20, 2019
No, your employer is not permitted to attend your actual medical appointments. The insurance company can hire a nurse case manager to help coordinate medical care but even that person does not have to be allowed in the room with you and your doctor(s). Feel free to call, no charge, to review more... View More
We have disputed an underpayment by an insurance carrier for a workmans compensation claim three times. The carrier refuses to pay the claim according to the Industrial Commission of Arizona's fee schedule and guidelines.
answered on Jan 16, 2019
There is some question if the ICA has jurisdiction over disputes between carriers and providers. If you
e-mail me at jfriedman@cruzfirm.com
I will give you contact information for a couple of local attorneys who may be able to help you. Please reference your Justia inquiry. Thank you
I broke my tibia at work in November - had to have surgery and have been off work for almost 8 weeks. My doctor has released me for seated work only, but I am unable to drive for another few weeks. My employer has requested that I return to work on January 2nd but has advised that I will have to... View More
answered on Dec 27, 2018
We typically have transportation provided for clients at the insurance company's expense - there are car services known to most if not all carriers. I do not have clients pay and wait for reimbursement, and it is the insurance company's responsibility, not your employer. There is no... View More
answered on Dec 27, 2018
You are eligible for workers' compensation benefits regardless of your full or part time status. The difference will be reflected in what is called your average monthly wage and the amount of your benefits payments when you are off work or miss enough time to qualify for wage loss payments.... View More
I was involved in a Roll over car accident at work. I was not at fault, a drunk driver ran a red light and hit me. I was taken to icu and hospitalized for 6 months and I home care for 3 months, workers compensation paid my medical bills. I sued the at-fault driver with a personal injury lawyer and... View More
answered on Dec 10, 2018
In a third party claim a worker's compensation carrier retains the right to be reimbursed for costs expended. While the medical bills will be covered by worker's compensation insurance they will expect to recoup their expenses and tend to be inflexible. Based on the scenario described it... View More
answered on Nov 20, 2018
The short answer is - it depends. There are some situations when you are covered for WC benefits in a company parking lot. I would need to know if you were getting to or leaving work and exactly where in the parking lot the accident occurred. There also are likely to be questions about how fast the... View More
answered on Oct 3, 2018
Thank you for your question. I am not sure I understand the issue, you can each me after 9:00 a.m. this morning at 602-492-5331 so we can review the specifics of your situation. Thanks again
answered on Sep 14, 2018
The short answer is yes. There is a maximum combined payment based on his earnings record, usually from the 5 years before the injury or before he qualifies as disabled. There are other ways to calculate the maximum combined benefit amount, and Social Security is supposed to use the one that... View More
answered on Aug 11, 2018
I'm not sure what you mean by "off the clock," and there are limited situations in which you may be covered for workers' compensation anyway. You can call me tomorrow at 602-687-9211 or 602-492-5311 after 1:00 p.m. because the validity of your claim will depend on the facts. Thank you
I told the secretary but nothing was done. What should I have done differently?
answered on Jun 9, 2018
Thank you for contacting me with your work injury question. There is nothing you can do now about a 2015 injury, and in the future if you are hurt at work you are required to notify a supervisor or manager as soon as possible, and you are required to file your own claim with the Industrial... View More
This IME closes nearly all cases he is involved in?
answered on May 4, 2018
You can ask, but the carrier has the right to choose it's own doctor. You probably don't want someone new anyway. You may feel free to call me at 602-687-9211 (office) or 602-492-5331 (cell). I have 2 appointments this afternoon and I'm not available after 5:15, so it may be tomorrow... View More
answered on May 4, 2018
If you are commuting to or from work, the general answer is no. The circumstances may make a difference, like if you were going somewhere on the way that was related to work. You can feel free to call me at 602-687-9211 (office) or 602-492-5331 (cell) to discuss the specifics of your situation.... View More
I worked for 28 years as a police officer in the City of Carlsbad, CA. I hurt my back, rated out at 32%, 0% apportionment. I hate the workers comp system. I advised I wanted a C&R. The final doctors report states I require surgery to my C column (fusion probably), life long pain management... View More
answered on Apr 15, 2018
We do not accept non-Arizona workers' compensation cases. You will need to contact an attorney in California
answered on Apr 15, 2018
You are responsible for paying medical bills not covered by your Worker's Comp. claim, regardless of the reason. If you disagree with the denial, you have (or had) 90 days from the date of the notice, not 90 days from the date you received it, to file a request for hearing with the Industrial... View More
I have been out of work for almost 2 months, my medical status has recently changed from restricted work status to light duty and am in the process of physical therapy. I do not wish to return to work as it is a high stress environment as well as physically demanding. Can I quit and still recieve... View More
answered on Apr 3, 2018
The short answer is yes, you will continue to receive medical benefits. You will probably forfeit wage loss - disability payments if you voluntarily quit and give up income. You also should understand that restricted work and light duty are generally the same, so you are only paid disability... View More
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