James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023

I'm sorry to hear about your situation. It sounds like you are experiencing both physical and financial challenges due to your work-related accident and subsequent termination.

If you believe that your termination was related to your accident or that your employer did not provide... View More

Your lengthy description of events really isn't an Insurance Bad Faith matter. You MAY have an malpractice case against your attorney regarding settling/dismissing some of your claims without your consent.

I suggest consulting with attorneys in your area who handle attorney... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

Under California workers' compensation law, if an employee is injured on the job, they are generally entitled to receive benefits to cover their medical expenses and lost wages. However, disputes can arise over what injuries are covered under the workers' compensation claim.

If... View More

You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... View More

It sounds like you may be a “failed back surgery” case. This designation can mean in workers compensation your permanently totally disabled so you should be sure your attorney is working up your case properly and completely or consult with another attorney who has a lot of experience, is hands... View More

If you're in Charlotte North Carolina, that state has entire different regulations for Workers Comp ratings. You've asked your question about CALIFORNIA Labor Code rules and regulations. In california, it makes NO DIFFERENCE if your lawyer writes 'Myelopathy' or Impingement or... View More

Sounds like a workers compensation claim. If someone other than your employer dug the hole, or failed to barricade or place warning signs, you might have a negligence claim against them.

I am not sure if this is a legal question or simply a statement.

If you were injured while leaving the stadium, you need to act fast and retain an attorney. Depending on where the hole was could mean that it was public property or private property. If it is public property (public sidewalk... View More

you should contact a LOCAL negligence/Workers Comp attorney asap.

if it is a public property, you must file claims within 6 months......so the clock is ticking.

it would have been better if you contacted a lawyer sooner so that the property investigation could be done. Pictures are... View More

Looks like you got good advice from prior responses. Other than worker's comp., you have to prove awareness of the hole (dangerous condition) by the landowner and, as to value, a lot of factors are taken into account but a back surgery is a serious operation with long lasting consequences.... View More

You may have both a worker’s compensation case against your employer and a personal injury case against the third party that created the hole. Each case would provide you with certain benefits. Be aware of the statute of limitations. You should contact anyone of us for a free consultation.

hire an experienced work comp attorney to represent you. it costs nothing out of your pocket and fees are limited to no more than 15% of the settlement amount and generally no fees are taking on your TTD (wage loss payments). if you want to control your case rather than the claims adjuster, hire a... View More

Is 'this' retaliation for workers comp? If you can PROVE -- not just state, but actually PROVE -- that the only reason you are not being offered a lighter job is in retaliation for requesting workers compensation benefits, then yes, this is a misdemeanor crime and a violation of Labor... View More

Sorry, NO. The Labor Code limits you to 2/3 of your 'Average Weekly Wage' AT THE TIME OF INJURY. But not after wage negotiations. So all the adjuster has to pay is 2/3 of what you earned at the moment of injury. IF you worked and earned wages (not TTD disability payments, just Wages)... View More

An employer has to reasonably accommodate known restrictions of an employee in a manner, if possible, to allow that employee to continue to perform the essential functions of their job. If the disabling condition causes the employee to be unable to perform the essential functions of the job, the... View More

You should go to the EDD's website. They list the requirements to apply. One of the requirements is that you are unemployed through no fault of your own. Quitting your job would obviously be due to your personal decisions. You may want to consult a medical professional to see whether you... View More

Do you have a written OFF WORK ORDER? The boss IS entitled to see that. Do you have a Work Status Report indicating you are able to perform modified duty work? The Boss IS entitled to see that. The Boss is entitled to inform you if you remain off work without written Off-Work Orders that he... View More

yes he can do that, but it may violate your rights under the law. you should consult an experience work comp attorney who can assist you with your claim from beginning to successful settlement when your treatment is concluded.

It is important that you provide your employer with doctor's note indicating any restrictions you have related to performance of your job. Once you do that, you trigger the employer's obligation to find ways to accommodate your restrictions, or to provide you with unpaid leave to allow... View More

Give up on 'chatting' and put the words in writing and fax them to the office; keep a copy of the fax transmission report. When you have such an unprofessional institution you really need to put everything in writing, and immediately. I'll be the company's fax number is on... View More