There is not enough information to provide an exact answer. For me the question is whether or not your husband has reached maximum improvement, or if he still needs time to recover. If the work restrictions are not permanent, then your husband is still entitled to wage loss paid biweekly if the... View More

Michael R Trust Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2025

Hello. Your husband's employer is required to engage in the interactive process with your husband for the purpose of determining whether or not a reasonable accommodation can be made, given the doctor's work restrictions. There are a variety of factors that go into this. Requesting... View More

Your UIM comes into play... if... your 3rd party recovery is less than the limit of your UIM coverage (e.g. $300K). So if your recovery is $100K from another driver, then your UIM would cover the balance between the two policies (e.g. $200K). However, if you receive a $1mil. settlement... (or any... View More

There is a lot that is not included in the question. I don't know what your lawyer was considering, or what the deeper facts are that may influence a decision. If the UIM gets you the policy limit, total settlement of money available to claimant(s) is $300,000, apparently, inclusive of the... View More

John Rajaee Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 5, 2025

I’m very sorry for your loss. To answer your question, yes, but only under certain conditions. In California, you can make an underinsured motorist (UIM) claim after the at-fault driver’s liability limits have been paid out and your claim against that driver is resolved. UIM coverage isn’t... View More

I only practice California workers compensation. Generally employers are protected from negligence claims under the exclusive remedy rule, which was enacted to negate negligence of an employee causing a work injury. Under civil law an injured worker might not have a claim if their negligence... View More

You aren’t being sued for not having insurance. More likely is that you were in a collision and are being sued for that. If you were driving a company vehicle or were in the course and scope of employment, your employer is required to indemnify you for any liability you incur under Labor Code... View More

According to the IRS

If by the end of February, your Form W-2, Wage and Tax Statement has not been corrected by your employer after you attempted to have your employer or payer issue a corrected form, you can request that an IRS representative initiate a Form W-2 complaint. Call the IRS... View More

Civil lawsuits have time limitations that require you to file a lawsuit within the specified time frame or you will be barred from filing a lawsuit. These deadlines are referred to as Statute of Limitations (SOL). They usually expire between 1and 4 years. Your claim occurred 13 years ago. However,... View More

If your employer attempts to provoke you to act out to justify firing you, remain clam and report your supervisor's actions in writing to HR. If your supervisor is overly aggressive or shouting out you, take out your phone and record the supervisor's actions. Whatever you do, do not... View More

First go to the DWC case search website and look up your name. https://eams.dwc.ca.gov/WebEnhancement/

This will tell you if there are any open cases and that will answer your question. Insurance companies are often clueless when it comes to applicant attorneys, so don't waste your... View More

Dennis Dascanio Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2025

Dear injured employee,

I’m sorry to hear about your injury at work. I recommend that you immediately report it in writing by text or email to HR or manager that you injured your back. You do not need to get into the details. This will protect your rights and allow you to seek a legal... View More

Verify whether your employer had workers’ compensation insurance at the time of your injury. California law requires all employers with at least one employee to carry workers’ compensation insurance or be self-insured.

Contact the Workers’ Compensation Insurance Rating Bureau (WCIRB)... View More

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

Dennis Dascanio Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Dennis Dascanio Lawyers, want to be a Justia Connect Pro too? Learn more ›
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