Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More 
answered on Mar 25, 2025
Each item listed on page 7, is an issue that you are agreeing to settle. So for example, if permanent disability is at issue in your case, and both parties initial that line, then the issue of permanent disability is settled upon approval of the compromise and release. The best practice would be... View More
I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More
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answered on Mar 25, 2025
Dear concerned,
You are correct to be concerned that you do not prejudice any other claim you have against your employer. Initializing the boxes on page 7 of the compromise and release does not limit your ability to pursue a civil claim, however it can affect other discriminatory claims... View More
I have been awarded a Finding and Award from the WCAB on August 18th, 2023, but my employer has failed to pay. I filed with the local court, but they said the finding and award are not valid as it is not a judgment. My lawyer will not assist further and has archived my file. How can I collect the... View More
answered on Mar 15, 2025
Did you join the Uninsured Employers Benefits Trust Fund? If not, that is malpractice by your attorney. Once joined, this fund pays any award that the employer does not pay! You do not have to chase down the employer for payment. The fund pays you, then they try to collect from the employer.
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More
answered on Mar 6, 2025
It might be malpractice. For a malpractice case another doctor will have to testify the first doctor acted below the standard of care. The attorney will communicate with expert doctor's for that opinion.
There are also issues of future harm that are analyzed to determine if a case... View More
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More
answered on Mar 6, 2025
Yes, your son likely has a strong medical malpractice case against the hospital and potentially other parties involved in his care. The key issues are the failure to properly clean and examine the wound before suturing, leading to retained foreign material (glass), subsequent infection, additional... View More
I was injured at work six months ago and didn't receive any documentation or report from my employer. Recently, I sprained my back after being asked to lift heavy cases, despite informing my assistant manager about the difficulty. I am now on workers' compensation and modified work, but... View More
answered on Mar 3, 2025
Go to the California Applicant Attorney Association or your local county bar for a list of attorneys practicing California workers compensation. At present you have two separate injuries and your case will be complicated by the fact that you did not file a claim form (DWC-1) in the first claim. It... View More
I was injured at work six months ago and didn't receive any documentation or report from my employer. Recently, I sprained my back after being asked to lift heavy cases, despite informing my assistant manager about the difficulty. I am now on workers' compensation and modified work, but... View More
answered on Mar 3, 2025
yes, you should hire an experienced workers compensation attorney to help you through the complex work comp process. The claims adjuster at the insurance company assigned to your case, is your opponent, your adversary. The insurance company has a legal obligation to the employer and shareholders of... View More
I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?
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answered on Feb 25, 2025
Dear concerned injured worker,
It is difficult to overturn a settlement agreement but you may still have time to withdraw from your settlement. First and foremost is to immediately notify your attorney and secondarily seek advice from the Information and Assistance office at your local... View More
I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?
answered on Feb 24, 2025
You have only 20 days after a judge issues an order to appeal. You may appeal later based on fraud, but you have to hand back all the settlement payment . Then you have to show the judge that someone gave you falsehoods to obtain your signatures. If you knew there was a chance a report would rate... View More
I've been employed with a retail/pharmacy store for 9 years, which recently went through bankruptcy but emerged successfully. Despite this, the store began cutting hours and letting people go. As a union store employee, I was laid off a few days ago due to 'lack of hours,' according... View More
answered on Feb 23, 2025
First, you should apply for unemployment benefits.
Second, assuming you are an at will employee, it does not appear that you have any claim against your employer. Employers can terminate an at will employee for any reason or no reason, but not prohibited reasons such as hostility toward a... View More
I was injured on the job and ended up being fired for not coming back to work due to my injury, I applied for UI & was denied because I according to my employers quit without good reason...I filed a workers comp case for 2 injuries I sustained on the job a dog bite and a power tool... View More
answered on Jan 30, 2025
Unemployment requires you were physically able to accept an offer of work. If you were injured and needed treatment, you may not have been able to accept work. If you were awarded Temporary Disability payments for those weeks, its a crime to now request Unemployment Benefits for those same weeks.
I was injured on the job at Bank of America in October 2019 - severe concussion. They have done a poor job with my treatment. I was being treated by Med 7 (minor emergency) Doctors telling me to touch my nose and walk a straight line and go home and rest. Then basically forgetting about my case.... View More
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answered on Jan 16, 2025
Dear concerned injured worker,
Head injuries are some of the most complex injuries to diagnose and treat, especially in the workers compensation medical care system. I would strongly urge you not to accept the payout if that means a resignation of your job or if you have not been properly... View More
So I’ve never done anything like this or have dealt with lawyers or anything but everyone tells me I should talk to one do to what happened to me I was on a jobsite outside of Redding CA for my company but we were working on a PGE site, the company I worked for we built and service transformers... View More
answered on Jan 9, 2025
Because you were injured on the job, you should consider speaking with a Workers Compensation attorney to address any medical costs and your pain and possible future effects on your body from the incident. You can also report the safety violation to OSHA if you wish to do so to prevent future... View More
It turns out my current lawyer is not acting for my best interest at all and is intentionally misleading and misrepresenting me. Other WC lawyers won’t take my case because they would do more work and get paid less. This is why I thought maybe I should look for pro bono lawyers who are looking... View More
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answered on Dec 24, 2024
Dear injured worker,
I am sorry that you have encountered difficulties with the attorney you hired. You have two options available to you if you cannot find another attorney to take the case. The first is to contact your local Bar Association and ask for the Lawyer Referral service. Many... View More
QME doctor stated in his report that in his medical opinion, my injury was mishandled. His report indicated a lot of things that should have been done for me. (You have to read his report, he was very agitated that my hip fracture was not caught). Doctor did not take x rays of my hip, but 5 months... View More
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answered on Dec 21, 2024
Dear injured worker,
Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the... View More
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
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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... View More
I’m not sure what to do I’m 29 years old with screws and rods in her ankle.
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
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
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... View More
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
answered on Nov 25, 2024
Hi there,
From your question, it sounds like the communication between you and your attorney is not very good. You should have a complete understanding of what went on at the hearing, what money you can expect to receive, and why you are receiving it. You should also definitely be cashing... View More
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
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answered on Nov 25, 2024
Dear injured worker,
It is not unusual to have the insurance company issue payments towards a settlement without actually having a settlement. This does not mean that there won’t be a settlement at some point. If you had a knee replacement then you have a substantial Worker’s... View More
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