Your employer is just WRONG. SKIP contact with this cheap boss and put everything IN WRITING to the Workers Comp Insurance Company listed on the poster in the 'conspicuous' location at the workplace (required by law). Here's the case where a guy dove in the shallow end of the pool...Read more »
Or for more than 20 minutes per hour or sitting more than 20 so my question is I was told I was no longer able to do my job that I've been doing for 30 years and disability dropped temporary disability and gave me permanent disability based on 18%. My question is so if I'm not able to go... Read more »
you need to consult with an experienced workers compensation attorney to assess if MMI is appropriate at this time, what you can do and cant do regarding work restrictions and what the most accurate permanent disability percent is. workers compensation is very complex and going cheap to save 15%...Read more »
To prove the defendant went passed the 90 days, you have to have PERFECT proof the employer had the written claim form on a certain date. Your testimony you gave it to someone on a date won't work, because the other guy will just claim you gave it 2 days later and the judge won't know...Read more »
I'm having a tough time finding a lawyer to take my case. My employer pretextually discriminated against me & fired me for filing workers comp. I have a strong case. Any help would be much appreciated.
132a is only one of a couple of ways to pursue rights associated with being retaliated against for filing a workers compensation claim. In fact, depending on the financial and emotional distress losses associated with that wrongful conduct, pursuing the claim under Labor Code section 132a would be...Read more »
My supervisor was interviewed in the course of my workers comp claim investigation, do I have a right to request a summary or the recorded audio of that interview and if so, how long does my employer or the insurance company have to comply with my request for that interview? What other information... Read more »
You don't have the right to the "work product" of the defense investigator/attorney UNLESS it is submitted to the reporting doctor for review and comment. YOU can set deposition of the supervisor, but you have to pay the court reporter hundreds for the original and a certified copy...Read more »
Does a works compensation claim go into effect the moment that I inform my employer of an injury and their paperwork is filed with the insurance company and before I even file my paperwork or sign any sort of documentation? And despite my not having filed a claim form or signing any other documents... Read more »
There is absolutely nothing unlawful about your employer or its workers compensation insurance company and claims administrator immediately starting to investigate a claim of workplace injury once it is reported. If you have concerns about the insurer's actions, your best move is to hire a...Read more »
If work comp just sends me a settlement check with no communication at all, do I have to accept it or can I negotiate the amount? How do they figure what the points are worth? How do they put a price on the loss of use of a body part?
Workers compensation insurance carriers are required by statute to make payments when specific events happen, for example you are found TTD, or MMI. The statutes require the carrier make a good faith effort to pay PD at the end of TTD if you are not working. So the check might not be a settlement...Read more »
Is there anything I can do to sue for mental distress . my Employer took advantage of me and worked me to the core because I am Mexican. It doesnt sound right to just get a 132a case. I will never be the same. They purposely broke me down.
It is difficult to give you a helpful answer without knowing much more. There is a very bright line drawn that says any workplace injuries you suffer, even emotional distress, that is caused in the workplace must be handled within the workers compensation system. There are very limited exceptions...Read more »
Worker’s compensation doctors are bias and they send you back to work even though in most case they shouldn’t. The law says you have to treat with them but the law allows you to be evaluated by a neutral doctor one time to know your true disability and your true need for future treatment. Once...Read more »
Worker’s compensation docotrs are very bias and they do return you to work even though they shouldn’t. In their final report they give you low percentage of disability and little need for future treatment. The law allows you to be evaluated by a neutral doctor to see what your true disability...Read more »
All WCAB trials now are by telephone. Your witness MUST have access to a telephone!!! You will have to get the Judge's hearing line plus the access code and train your witness how to phone in and enter the code when the voice tells him to enter the code. OR bring your witness to your...Read more »
We are going to be giving job duties Far outside of what are initial hired position is. If we refuse to go back we will be let go, and unemployment will be informed that we refused work, and we will then loose are unemployment eligibility for refusing work Forced upon us even tho the work is not... Read more »
In California, you are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee has the absolute right to change the terms and conditions of employment, including job title and duties, at any time and...Read more »
If one applies for short term disability (casdi) and marks it as NOT being related to a workers comp issue, does that automatically preclude a later finding that the injury was due to (at least in some part or exacerbated by) working conditions, or is that avenue closed?
The avenue is not closed, but gets big bumps. The first thing a defense attorney for the employer is going to produce is your SDI application for the court and say that you have no standing to file a WC case because the injury was not work related, as supported by your SDI application, which I...Read more »
All that is required is good cause. You file a petition with the presiding judge where the case is venued asking for it to be reassigned to another location. Therein you provide a statement on why the change is necessary. Absent objection from defendants, you should not have a problem.
I first received two weeks of paid leave by Lowe’s due to my asthma and the corona virus spreading. A week before my leave was ending I was contacted by my HR representative in seeing if I’m good to return or wish to extend my leave to two more weeks. I chose the extension and will now be back... Read more »
Approval by corporate has no bearing. Whether terminating you for taking leave is unlawful depends on the reason for the leave. If your leave was because your doctor indicated you needed leave to address a medical issue, then the leave is legally protected and any retaliation directed at you for...Read more »
My wife and I just had a baby in February, she ran out of her FMLA last week. She's a nurse who is staying home until this passes since we have an infant at home. So she's not technically unemployed, but they're now telling her she has to pay in for her insurance. Can they do this?... Read more »
The question is how long has your wife been off work and is she protected by laws other than FMLA, as well as entitled to temporary disability benefits while she recovers from childbirth. I recommend you contact an employer lawyer directly.
I quit my job on March 30, 2020. I work remotely from home per owners request. I have worked for 7 years for a small construction company in Lafayette CA. He told me when I first started that since I didn't work 40 hours a week I was not entitled to OT pay. I found out recently the was not... Read more »
This is not workers compensation, but something entirely different. You have essentially admitted to multiple felonies and now want to find a way to get money from your employer. I think you need to start again under employment law.
I work tru a job agency and its the second client i have reported for their abusive rude discriminatory behavior.. The 1st client the eeoc is gona put charges on their client... The Agency sends me to another client in which everything was fine tge client offers a hire position after 90 days or... Read more »
The answer to your question depends on the type of harassment you experienced. Being insulted, sabotaged, put down and otherwise harassed at work is not unlawful unless you can prove the motivation for that conduct is your membership in a protected class of people or because you engaged in legally...Read more »
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