California Workers' Compensation Questions & Answers
Q: how far back can a workers comp case go? Injured and treated in late 80s, never closed case.
ok so I know the company I was working for when injured is still in business at the same location, and I have had treatment for the injury many times over the years, just never knew I could file against the claim for it. I was pretty young when it happened and just didnt know.
Technically the case is still open. However, you will have to prove the carrier did not provide you with the proper notices. And finding the current carrier might be difficult
Generally, the statute of limitations for filing a claim is one year from the date of injury for a specific... Read more »
Q: Old injury in 1900; Continuous trauma (Surgeries) Whic h rating is legal? 1995 or AMA 5th edition
herniated lumbar disc in 1990 ; no treatment until 2000; 5 surgeries; laborer permanently disabled
It all depends upon what the medical records say about permanent disability prior to April 2004. If there is a statement that you were going to have permanent disability prior to April 2004, then old schedule. If TTD notice sent prior to April 2004 then old schedule. If PQME provides permanent... Read more »
Q: My question is about workers compensation in California.
My husband's employer's TPA and UR personnel, and the state's IMR all denied him medical treatment requested by his orthopedic surgeon. Now they have informed him that since he was denied treatment he has to wait one year before his doctor can submit another request for treatment. A year is way too... Read more »
1) Your husband does not need to wait a year for the requested treatment if the Treating Physician submits a new Treatment Request (RFA) citing different reasons why the treatment is necessary or if circumstances have changed substantially.
2) As for the billing, your husband can always... Read more »
Q: My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.
Recently terminated for demanding paycheck which consistently was late 3-4weeks. what steps do I take to report employer and clarifying to tax board the misclassification
You should quickly find an employment law attorney to discuss these issues. You may well have a valuable claim, depending on what kind of employee rights were denied you as a result of the misclassification. You may also have a claim that would allow you to raise the misclassification and other... Read more »
Q: Can i request compensation?
I work under contact which were signed for 1 year. In contact it was clearly written about a year with possible direct hire. On Friday 30 min prior end of the day i got call from manager, who said that i shouldn't come to work starting Monday because of my contract was split into two 6 month... Read more »
Your written contract will control this situation. However, before you hire a lawyer be sure to re-read the contract to be sure it says nothing about "splitting it into two 6 month periods."
Q: My workers comp lawyer got a higher pay out from the adjuster. I’m supposed to go sign off on it. What do I look for?
I received medical for life plus a settlement. Five years later, the adjuster offered a pay out at a lower amount and my lawyer countered. Now, I have to go in to sign off on it. How do I know that I am not being screwed over? And do the lawyers get a cut even though they received payment... Read more »
There is absolutely no way to advise you given the lack of facts here. IF you do not trust this lawyer, you should terminate this lawyer and hire a lawyer you do trust, then go through the options other than agreeing to this amount in exchange for surrendering all you possible future rights... Read more »
Q: If injured at work doing something that is not in your job description is the employer still responsible?
While trying to remove an animal that was trapped above a drop down ceiling I fell and a bookcase hit me in the back. The animal had been in the ceiling for at least two weeks and was crying every time I was there at the location. The staff was stressed over it and so was I. I am not employed by... Read more »
Your question is very confusing because I cannot ascertain what you mean by "placed there." If you were working for a temp agency, my recommendation is to get legal help right away because there will be a conflict between the two employers about who should pay. Yes, you have a WC case, but the... Read more »
Q: Are the judges summary of trial official?
I received the judge’s summary of trial but it was vague and did not include anything that is in my favor. It looks like it was written to scare me into a settlement. What impact does it have in my case? Can I bring a witness to the next day of trial?
I am guessing that you are referring to the summary of Evidence. You can write the court and address specific issues and you should do so. Be assured, the WCJ is not trying to scare you. Most likely, if you are representing yourself, you did not prepare the case as defendants have, thus you are... Read more »
Q: My claims adjuster scheduled me for a QME, after agreeing upon a doctor for an AME with my lawyer. Is this normal?
My lawyer and claims adjuster made an agreement on a doctor for me to get an AME at a later date. I just recently received paperwork for a QME that was requested by my claims adjuster. The paperwork was postmarked for a recent date, so I know that the request was not an old request. I've contacted... Read more »
Unless you actually attend the AME appointment, the claims adjuster can decide to use a QME. I strongly suggest you wait until you hear from your attorney. It may be there was an assistant working on your file and inadvertently requested a QME. Remember, the QME process has protocols and if they... Read more »
Q: The judge didn't appoint a guardian ad litem my lawyer ask for it they never said he could cash my checks what do I do
Judge stated that guardian only gave rides help with housing health care mange money he doesn't give me my checks I'm homeless no doctor need meds
If the WCJ did not appoint a guardian then you have none and you should be cashing your checks, not someone else. Speak to the WC carrier and demand that the checks be sent directly to you. If someone then takes the checks and cashes them, it is a matter for the district attorney.
Q: If an H1B employee leaves job and exits USA while on open work comp claim. What happens to claim?
Having been on work comp can or may affect future employment? (For repetitive stress injury)
Follow-up question: Restrictions are minimal and worker is on modified duty. Do not have time to settle case (1 month left before exiting US). What would be best possible ways to close this work... Read more »
There are several possibilities
1) defendants will seek to have the claim dismissed if there is no activity for 6 months
2) The case will linger and nothing will be done until the employee returns or case is dismissed
3) the employee can try to get treatment outside US,... Read more »
Q: How can I get an original copy of my trial transcripts?
I called to see if I can get a copy but they told me I had to write a written request and put $100 down. The presiding judge will review and see if I can get a copy. Then I’ll have to pay for anything over $100.
I received a court summary transcript the following day. The summary left out... Read more »
You have been misinformed. The applicant incurs no costs in a workers compensation case. Perhaps you are in the wrong form. You need only write a request for a copy and explain why it is needed. The court is obligated to provide you with a copy at no charge.
Q: I was getting workmen now they are stopping it but my doctor said on this paper my condition is permanent and stationary
What is going to happen next
It all depends on what this doctor wrote about you. If this doctor wrote you can resume all preinjury duties, you should be back on the job ASAP. If he wrote you have permanent work restrictions, you take his writing on those permanent restrictions to Human Resources and request a permanently... Read more »
Q: Travel is done on my own time and compensated with $20 per diem for traveling steel/iron worker?
I just started a new job as a traveling steel/ Iron worker. The company is an ESOP.
I was reading over my employees handbook and came across this paragraph."Nonexempt hourly employees that travel and business are paid for hours spent traveling as outlined below: REGULAR TRAVEL: Regular... Read more »
There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a... Read more »
Q: Petition of Joinder
I have a culmative trauma workers comp case in California. The defendants lawyer filed a petition of Joinder to add another insurance co 4 yrs after the claim was filed. The judge granted the petition but the 2nd insurance co have denied the claim. When I first started my claim the 2nd insurance... Read more »
If you really and truly 'just want it to be over' you could write to the judge and withdraw the claim form and application and pay the doctors who treated you, but I suspect that isn't the plan. What will happen next?? If it is a denied claim, you need to get your medical evidence together to... Read more »
Q: Claims admin stoppedTD payments after QME report of significant limitations,5% WPI and ppd.
My surgeon released me back to work on modified but the facility says there’s no money in the budget to pay me and wc insurance is to continue. So now neither one is planning to pay me. Is this common? Is this legal? Of course the claims adjuster has offered a very low settlement. I do have an... Read more »
I highly recommend you get a Workers Comp attorney. You simply fell into the trap of thinking you could get a “reasonable settlement” without a Workers comp attorney. Look around for a Calif workers comp attorney that has experience! Good luck!
Q: I recently filed a DOR at the WCAB and I forgot to mail off a copy to the insurance company what should I do?
I received my hearing date and also received a petition for reconsideration from the insurance company on a march 4, 2019 hearing. will the case be taken off calendar?
Because there was a petition for reconsideration filed by defendants, the case is stayed until the WCAB make a decision. Most likely the case will not be taken off calendar, but the WCJ will not do anything more than take the case off calendar at the hearing. Best approach is to write the court... Read more »
Q: When should you be offered regular part time?
At my job we don't have "seasonal" but "part time recurring" instead. These employees are not considered regular, how long are until they become regular? Some of these employees work more days than the regular employees as well. Additionally, some have been with the company for years and are... Read more »
Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as... Read more »
Q: I have a work related injury from 2016 I had surgery and also suffer from arthritis this has not only taken a toll on
Me physically but also emotionally and mentally will workers comp pay for emotiona/mental problems that have occurred because of an injury ?
This is a qualified NO... if it is found to be a compensable consequence of the work injury, and your doctors prescribe psychological treatment and or medications work comp will pay for it generally but they will not allocate further disability to the psyche condition. this has been the law since... Read more »
Q: I had a work related injury in 2016 on my foot which in resulted in a surgery and doctor rated me 13% disability
And I have arthritis from it they are offering me 27,000 and a school voucher to settle I want to ask for more does it seem like a good offer? And also the QME doctor recommended that I see a psychologist my lawyer said that even if I see one I will not get more money if they say I have a mental... Read more »
If you already have an attorney, it would be unethical for other attorneys to communicate with you about your case. If you don't trust your attorney, you should get another one.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
