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My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... View More 
answered on Apr 26, 2023
Well Yes and No. If you can prove that your employer knew of a danger and ignored it causing you serious injury, then a serious and willful claim could be filed against your employer. If for example, the ladder you were climbing was defective, causing you to fall, then there would be a products... View More
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... View More
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answered on Apr 20, 2023
If you were injured during work, your only choice for compensation may be through workers' compensation. Workers' compensation is a type of insurance that provides benefits to employees who are injured or become ill as a result of their job. It is designed to provide medical care, wage... View More
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... View More
answered on Apr 20, 2023
you have a very valuable work injury case. you have the right to hire a workers compensation attorney of your choice. it costs nothing to hire a work comp attorney.
you may be permanently totally disabled under the work comp law. you should consult with a very experienced work comp... View More
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... View More
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answered on Apr 20, 2023
I'm a little bit unclear about what you mean by “employer ignored your constant requests for help".
However As a personal injury lawyer and workers compensation attorney, I would advise that your best recourse for compensation at this point would be to pursue a workers'... View More
My attorney and insurance company are starting to talk final settlement for my workers comp case
answered on Apr 26, 2023
If you are considered permanent and stationary and your claim is accepted by the insurance company you likely will continue getting permanent disability (PD) payments until the amount they determined the medical report to be valued at in which they are relying on is paid off minus the 15% in... View More
My attorney and insurance company are starting to talk final settlement for my workers comp case
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answered on Apr 1, 2023
Under California law, injured workers may be entitled to permanent disability payments if their injury results in a permanent impairment or loss of function. These payments are typically made after the worker has reached "maximum medical improvement" and are intended to compensate the... View More
I was left to suffer from hernia repair complications from infections, high WBC counts and fevers for over four years until I obtained a bacterial infection in my bloodstream
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answered on Mar 26, 2023
If you believe that the defense in your workers' compensation case tried to harm you or cause you harm, it's important to take immediate action to protect yourself.
First, you should seek medical attention to address any injuries or health issues that you are currently... View More
I was psychologically unwell, drained of my energy, and fighting to get through the after effects of this illness. I appreciate the help.
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answered on Mar 22, 2023
It is illegal for an employer to discriminate against an employee because of a disability, which can include a medical condition like COVID-19. If you believe that you were terminated because of your COVID-19 diagnosis or related symptoms, you may have legal recourse.
Under the Americans... View More
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answered on Mar 17, 2023
California state employees who are injured on the job may be eligible for workers' compensation benefits. Workers' compensation is a no-fault system that provides benefits to employees who are injured or become ill as a result of their job duties, regardless of who was at fault for the... View More
She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... View More
answered on Mar 17, 2023
I am in agreement with Mr. Fazzi. If your attorney served the employer with the Application and supporting materials with a proof of service, there should be no issue with the insurance carrier because the employer has a duty to notify its insurance carrier that a claim has been filed. As for... View More
She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... View More
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answered on Mar 17, 2023
I'm sorry to hear about your situation. If you have concerns about the handling of your workers' compensation claim by your attorney, you may want to consider speaking with a different attorney who specializes in workers' compensation law. They can review your case and advise you on... View More
She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... View More
answered on Mar 18, 2023
You are free to get a new attorney at ANY time. It sounds like there is no actual attorney at the group you had, just an 'assistant'. If the claim were mailed to the employer, the employer would have forwarded it to their CORRECT Insurer; so it appears the claim wasn't properly... View More
She told me this week that they found the right insurance and just now filed a claim, I have been waiting almost a year, there was even a hearing and I was told the other party never showed up. I don't know who they filed the first claim with but it seems to me that the whole process is... View More
answered on Mar 17, 2023
I find this explanation very suspicious. Your Worker's Compensation claim is not filed with the insurance company, it is filed with your employer, and makes no difference which worker's comp insurance company insures the company. It is up to the employer to notify their insurance company.... View More
I may have got a hernia at work was seen by a dr and cleared after about 1 month.a week after i got another pain went to the dr was denied. The worker comp agent has been contacted by my attorney and my attorney has advised if they do not respond it will be going to court.i guess id like to know... View More
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answered on Mar 7, 2023
If your employer has denied your workers' compensation claim, or if the workers' comp agent has failed to send you to a doctor for treatment, you may have the right to file a lawsuit against your employer or the insurance company. However, before taking any legal action, it is important... View More
Severance pay to give them time to find another job. I am currently on workmans comp but they laid me off as well. Will I get the 90 days pay together with my workmans comp benefits. Considering that I do t have a job to go back to once i have recovered from the injury According to HR the 90 days... View More
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answered on Mar 2, 2023
If you were laid off while on workers' compensation, you may still be entitled to the 90 days pay and severance pay that the company is offering to other employees who were laid off. However, the interaction between workers' compensation benefits and severance pay can be complex and may... View More
My adjuster arranged appts 2 hours away. I have told them thst I am not capable of taking this trip...too much for me.
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answered on Feb 28, 2023
In general, workers' compensation laws require employers to provide medical treatment that is reasonably necessary to cure or relieve the effects of a work-related injury or illness. The employer or the insurance company is typically responsible for paying for this medical treatment.... View More
Injured at work, reported to employer, filed DWC1 Claim Form with my employer and they didn't open a claim with their work comp carrier as they are required to do. Can I now file an Application for Adjudication of my Claim with the Work Comp Appeals Board even if employer did not open a claim... View More
answered on Feb 27, 2023
your correct. it is not illegal to file your work injury case is the work injury court; workers compensation appeals board and you should do so asap or hire an attorney to do 100% of the work for you. whoever told you that is ignorant of the law but whats worse is not admitting it! your employer... View More
Injured at work, reported to employer, filed DWC1 Claim Form with my employer and they didn't open a claim with their work comp carrier as they are required to do. Can I now file an Application for Adjudication of my Claim with the Work Comp Appeals Board even if employer did not open a claim... View More
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answered on Feb 27, 2023
If you have reported your work injury to your employer and filed a DWC1 Claim Form but they have failed to open a claim with their work comp carrier, you may be able to file an Application for Adjudication of your Claim with the Workers' Compensation Appeals Board (WCAB). It is not illegal to... View More
stringent restrictions from over a year ago. My PTP removed these restrictions recently.
Does old QME report trumps PTP's current evaluation?
How to change/update QME's report. Thanks, Steve
answered on Feb 27, 2023
It is not reasonable for an employer to rely upon year-old information from the QME is you have recent information from your treating physician that removes the restrictions. This looks and smells like a situation where the employer is discriminating against you for having had a disability in the... View More
stringent restrictions from over a year ago. My PTP removed these restrictions recently.
Does old QME report trumps PTP's current evaluation?
How to change/update QME's report. Thanks, Steve
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answered on Feb 26, 2023
If your case has been settled with lifetime medical benefits and your employer is not allowing you to return to work due to the QME's restrictions, you may want to consult with an employment attorney who specializes in workers' compensation law to discuss your options.
In general,... View More
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