In addition to the relatively weak remedy for retaliation under Labor Code 132(a) for retaliation through worker's compensation, you may have a claim for disability discrimination given your injuries.

You should make sure to document in writing you complaints and the failure of HR to... View More

If you are receiving TTD payments for the new injury, that means the carrier has accepted this as a new injury. Whether it relates to the first injury is a medical question and I think it is to your advantage to have representation given the complexities involved. However, you probably know a lot... View More

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answered on Jun 23, 2025

Dear injured worker,

No, indemnification in a C&R does not guarantee all expenses after MSA exhaustion without litigation.

Even with “hold harmless” language, the carrier could still dispute future treatment costs (like surgery), and you might have to litigate to enforce the... View More

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answered on Jun 18, 2025

Dear injured worker,

In a California workers’ compensation claim for psychological stress (e.g., from discrimination, retaliation, or cyberbullying), you are not automatically required to release all medical records. You only need to disclose records that are relevant to the claimed... View More

Not necessarily—but you should proceed carefully. In a workers' compensation claim related to psychological stress, you do need to provide medical documentation that supports your injury and establishes a link between your condition and your employment. However, that doesn’t mean you’re... View More

Under California law, including MICRA and workers’ compensation regulations, you generally must release medical records that are relevant to the claimed injury—in this case, psychological stress. However, you are not automatically required to release all medical records unrelated to the claim.... View More

Under California’s MICRA law (Cal. Civ. Proc. Code § 340.5), medical malpractice claims must generally be filed within one year of discovering the injury. Since your surgery was in 2021 and you’ve known about the complications for some time, your window to sue may have already closed unless... View More

Since you already settled your workers' compensation case, your legal options are limited unless the settlement included future medical care. You should review the settlement terms to see if ongoing treatment is covered. If not, consult your doctor to document the worsening condition, and... View More

If you settled with a complete buyout - compromise and release, it will be next to impossible to change anything after five years from the date of injury absent fraud or some reason why the settlement should be invalidated. If you were represented, that is another barrier because it is presumed... View More

You can because the employer's insurance company presumably isn't bankrupt. However, there are statute of limitations on filing the claim. You should immediately consult with a workers compensation attorney to see if you are still allowed to pursue your claim.

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answered on Jun 12, 2025

Dear injured worker,

Thank you for your inquiry. The information you provided would indicate that your dispute should be handled through the WCAB and by your attorney. The court takes fraud very seriously and can’t issue ruling as to the admissibility of any documentation that was... View More

Answer depends on why you are wanting to use 2 QMEs. If both claims involve the same body part, the defense attorney would likely object.

If the issue can't be resolved, you may set a hearing before a WCAB judge.

If you don't have an attorney yet, you should get one to... View More

Yes, a medical malpractice lawyer may be able to help. Under California’s MICRA law (Cal. Civ. Proc. Code § 340.5), you have one year from when you knew or should have known about the injury caused by negligence. Since the surgery and fall occurred in late 2024, you are still within the time... View More

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answered on May 24, 2025

Dear injured worker,

Thank you for reaching out. Since you previously settled your workers’ compensation claim, that matter is closed and no longer within the scope of workers’ comp benefits. However, if your current issues are due to failed hardware from your 1996 surgery, you may have... View More

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answered on May 16, 2025

Thank you for sharing the details of the incident. We understand how stressful and overwhelming a situation like this can be, especially when it involves injuries to both yourself and your family members.

Based on the information you've provided, your inquiry involves complex legal and... View More

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answered on May 8, 2025

Dear Injured Worker,

Based on the information provided, it appears that your mental stress may be work-related and, given that you have been employed with your current employer for at least six months, you may be eligible for Workers’ Compensation benefits. It is important that you retain... View More

Hi there, in the event that you pass with an active workers' comp claim, the claims adjuster should pay to your estate the permanent disability benefits which have accrued and are unpaid. I understand that Hartford is unwilling to settle your medical, but you have other options to obtain a... View More

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answered on May 6, 2025

Dear injured worker,

Your son can be a beneficiary of your workers compensation benefits that have accumulated and have not yet been paid out at your death. Typically this applies to permanent disability that has not yet been paid out. Future medical care is not an accumulated benefit and... View More

In California (where this post was seen) workers' compensation benefits are generally considered community property to the extent they compensate for lost wages or income during the marriage. However, if a portion of the settlement is intended for future income loss, disability, or medical... View More

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answered on May 6, 2025

Dear injured worker,

I am sorry to hear about your personal situation. The good news is that as a general rule workers compensation benefits are your separate property and not subject to community property distribution in a divorce. I recommend you confirm this with your divorce attorney or... View More