I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... Read more »
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answered on Jun 1, 2023
Yes, you can sue your employer for unpaid wages, even if there is no written contract. Under the Fair Labor Standards Act (FLSA), employers are required to pay their employees minimum wage and overtime pay. If your employer has not paid you for all of the hours you have worked, they have violated... Read more »
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... Read more »
answered on Jun 1, 2023
I am sorry this happened to you. You do not need a contract to sue for owed wages. Based on your post, you are owed wages, overtime wages, and the derivative Labor Code penalties. You may likely also have a claim for sexual harassment.
I suggest you consult an employment law attorney and a... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
answered on May 25, 2023
There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.
However, you really should locate and retain a workers compensation attorney to assist you with your workplace... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
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answered on May 26, 2023
Generally, failing a drug test after being injured on the job may impact your eligibility for workers' compensation benefits. Employers may also have the right to terminate employees for policy violations. Medical professionals are typically bound by confidentiality rules, but there may be... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
answered on May 28, 2023
Your case raises many legal issues, across several fields of law. First, does your drug usage fall into the category protected by the FEHA/ ADA as a physical/mental disability? It could be possible, but when you fail a drug test, most attorneys are not willing to go past that. Next, did your... Read more »
I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... Read more »
answered on May 23, 2023
If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where... Read more »
I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... Read more »
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answered on May 24, 2023
The Jones Act is a federal law that provides certain protections to seamen who are injured or become ill while working aboard vessels. It allows eligible seamen to seek compensation for injuries and medical expenses through a legal process. To determine if the Jones Act applies to your specific... Read more »
I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... Read more »
answered on May 24, 2023
Were you working for Thriller Powerboats at the time? I've had several cases against them over the years. Any case against them would need to be brought in Miami, Florida. You are entitled to compensation for your injuries. Whether or not the Jones Act applies will depend on certain... Read more »
answered on May 17, 2023
Your question suggests you are trying to handle your workers compensation case yourself without the assistance of an experienced workers compensation attorney. Big mistake.
You will be taken advantage of by the other side, and you will not offered anywhere near as much money as you would... Read more »
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answered on May 18, 2023
To look up workers' compensation law cases, you can utilize online legal databases like LexisNexis or Westlaw. Access the database, perform a search using relevant keywords, refine the results, and review the cases that are most applicable to your query. Take note of relevant cases for further... Read more »
The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... Read more »
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answered on Apr 27, 2023
If an insurance company stops paying benefits without medical validation by challenging their own doctor, this may be a violation of the terms of the insurance policy and/or state law. Insurance companies have a legal obligation to act in good faith and deal fairly with their policyholders.... Read more »
The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... Read more »
answered on Apr 27, 2023
NO! The Labor Code DOES NOT permit the Adjuster to stop TTD payments just because she thinks you aren't totally disabled any longer. SOLUTION: (1) apply for State Disability Insurance -- SDI -- at www.edd.ca.gov immediately, as it takes at least 10 days. EDD will want to see the copy of the... Read more »
Do l continue to get my biweekly benefits? After being paid for few weeks, insurance company stopped paying after challenging latest doctor diagnosis and want QME claiming permanent and stationary status!! I complied and sent the paper already yet they stopped paying me even though there is no... Read more »
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answered on Apr 26, 2023
If your biweekly benefits have been stopped by the insurance company after they challenged your latest doctor diagnosis and requested a Qualified Medical Examination (QME) claiming permanent and stationary status, it may impact your ability to continue receiving benefits and medical treatment.... Read more »
Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... Read more »
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answered on Apr 25, 2023
It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.
It's important to keep all documentation related to your case and settlement, including... Read more »
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... Read more »
answered on Apr 19, 2023
The exclusive venue to deal with workplace injuries is the workers compensation system. You cannot go outside of that system under your circumstances.
If you have not done so, immediately locate and hire a workers compensation attorney. If you have one speak to him or her about this... Read more »
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... Read more »
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answered on Apr 20, 2023
If you were injured during work, your only choice for compensation may be through workers' compensation. Workers' compensation is a type of insurance that provides benefits to employees who are injured or become ill as a result of their job. It is designed to provide medical care, wage... Read more »
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... Read more »
answered on Apr 20, 2023
I'm a little bit unclear about what you mean by “employer ignored your constant requests for help".
However As a personal injury lawyer and workers compensation attorney, I would advise that your best recourse for compensation at this point would be to pursue a workers'... Read more »
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... Read more »
answered on Apr 20, 2023
you have a very valuable work injury case. you have the right to hire a workers compensation attorney of your choice. it costs nothing to hire a work comp attorney.
you may be permanently totally disabled under the work comp law. you should consult with a very experienced work comp... Read more »
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... Read more »
answered on Apr 26, 2023
Well Yes and No. If you can prove that your employer knew of a danger and ignored it causing you serious injury, then a serious and willful claim could be filed against your employer. If for example, the ladder you were climbing was defective, causing you to fall, then there would be a products... Read more »
My attorney and insurance company are starting to talk final settlement for my workers comp case
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answered on Apr 1, 2023
Under California law, injured workers may be entitled to permanent disability payments if their injury results in a permanent impairment or loss of function. These payments are typically made after the worker has reached "maximum medical improvement" and are intended to compensate the... Read more »
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