Get free answers to your Workers' Compensation legal questions from lawyers in your area.
My employer only notified my RIF about 15 days in advance. Not sure if WARN act applies to them? Their corporate entity has less than 100 employees. But they are a global company, there should be more than 100 employees globally including the subsidiaries.
answered on Nov 29, 2022
First, the Federal and California WARN Acts apply based on the conditions, including number of employees, at specific locations, not globally.
Second, it was temporarily modified due to the Pandemic.... View More 
answered on Nov 22, 2022
Try Max Gest in los angeles. i believe he is on Olympic Blvd. best of luck!
She was my mother and she has now passed, mostly due to her bad health and poverty as a result. She was beat with a baseball bat after dealing with harassment during all of her employment at Raleys. She said there were other women that had been harassed and assaulted at the same time.
answered on Nov 21, 2022
not sure what your asking. your looking to know if you have some type of legal case on behalf of your deceased mother due to an incident in 1986???
My QME appointment was very thorough, almost 3.5 hours. The doctor's report nearly 70 pages, referencing medical journals and other studies and publications, etc. The report was very much in my favor. The defense attorney filed motion to depose the examiner. The deposition lasted 8 minutes... View More
answered on Nov 8, 2022
Talk to your attorney about this as he or she has the facts, we do not. If you don’t have an attorney then I can understand why you got screwed. Lesson learned; never go it along when fighting an insurance company for benefits
I found an attorney from a referral list on line. Turns out, their offices are in Southern California, I'm in Northern California. They assured me the geography wouldn't be a problem. It was, from the very beginning. For example: they kept forgetting I was in Nor. Cal. I even bought a... View More
answered on Nov 8, 2022
We are in so cal and represent many in NorCal. It’s the firm you choose, not any other issue from what your describing.
Why did workmans compensation company stop my checks there Dr stopped me from working because of my injury I am getting ssi disability checks now but I thought that of a workmans compensation Dr couldn't help your injury so you can go back to work but stopped you from going back to work... View More
answered on Oct 20, 2022
it sounds like you did not hire an attorney to represent you so you acted as your own lawyer in your case. That is never a good idea. Perhaps you dont understand that the insurance company #1 obligation is to the shareholders, not you! if you truly understood this you would have 1. hired a lawyer,... View More
Degenerative Disk Disease/ Plantar fasciitis in the left foot workers comp award was made in favor of
the employee in 2010 for the foot. The employee has been there 25yrs his age is 56 Latino male is this a strong case under the ADA laws, Federal, State, and local? The employee feels like... View More
answered on Oct 17, 2022
There is no where enough information provided to allow anyone to estimate the settlement or judgment value of your case, or even if you have a meritorious claim. The analysis to be performed needs information to include the essential functions of your job, your specific restrictions, whether there... View More
I have had multiple issues with my current job besides my injury and want to leave as soon as possible, but have not been able to file my claim due to falling ill during the deadline week. I just began physical therapy for my hand and am looking for new work. If I file my claim after quitting my... View More
answered on Oct 12, 2022
Post-separation claims ARE PRESUMED NON-COMPENSABLE so filing after quitting is the worst idea possible. It takes about 2 minutes to write and submit the Workers Compensation Claim Form (DWC Form 1); it's FREE on the internet and your portion is 9 lines. You just hand a copy to the boss OR... View More
Disagreed and sent me to see QME the QME said that he doesn’t see anything really wrong but I’m still in pain so he recommended epidural lower back I jections and a cortisone shot for my elbow also recommended I see a pain management Dr and chiropractor. It doesn’t make sense to me why he... View More
answered on Oct 11, 2022
Sounds like you let the Insurer pick the worst doctors in the world for you. How sad! But the damage is done. It may be that the QME found you are not at Maximum Medical Improvement until you complete a course of conservative treatment, so the adjuster will just OK the Requests For... View More
answered on Oct 11, 2022
AGAIN: if you have a friendly, very carefully-chosen physician writing the evaluation report, the report could find that the Whole Person Impairment is increased as the result of stenosis and the cyst. There is no dollar amount add-on for spinal stenosis or a cyst. THE KEY is are these... View More
When picking things up even driving. Injury was caused at work. Currently receiving temporary disability payments
answered on Oct 11, 2022
The cyst by itself has no value. At the end of your healing, the Treating Physician SHOULD write about your WHOLE PERSON IMPAIRMENT, the total impairment you have from all the body parts injured in the fall at work. Maybe the reporting doctor will write that a cyst is a great permanent... View More
They took MRI’s and X-rays and said that I shouldn’t be in so much pain but I am what can I do? My MRI’s show that I have spinal stenosis and that I have a cyst on my inner elbow from the fall
answered on Oct 11, 2022
Not much you can do. Some injuries don’t show on testing. California work comp does not pay much for pain only. You can visit a pain management doctor for pain relieving drugs but that’s not a good long term solution either.
I am an independent contractor from the Philippines and my employer is a US citizen who has not paid for $2500 and more than 30 days past due. I need assistance in reference to the unsettled payment and corresponding charges for damages and other fees.
answered on Oct 5, 2022
Workers Compensation IS NOT a remedy for Independent Contractors. Wage Claims are NOT covered by the Workers Compensation Act of the Labor Code. (It sounds like it would, but it's just for employees who get physically hurt performing their job.) If you are an Independent Contractor, you... View More
It has been over a year in which the referral for a reevaluation was submitted through the Orthopedic Practice. Sedgwick has completely ignored the request. Initial surgery for carpal and cubital tunnel syndrome failed due to delay of two years fighting Sedgwick to approve the surgery. The current... View More
answered on Sep 22, 2022
8 years! your attorney needs to answer these questions for you. if you dont have an attorney, i see why your getting nowhere. we cant answer your question about Sedgwick's "requirement" to use the UR process without more info. work comp is very complex, as you well know. however an... View More
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answered on Sep 16, 2022
Yes, if you are expected to be spending that time primarily for the employer's benefit. However, if you are an exempt employee, there is an exception.
My coworkers and I were placed in harm and contracted the Covid-19 disease causing significant illness.(Hospitalizations) This was as a result of documented and substantiated negligence on their part. How can one find an attorney to take on a case such as this one.
answered on Sep 14, 2022
This attorney doesn't exist because such a claim cannot exist. Work-related injury MUST go to the Workers Compensation Appeals Board. Work-related losses filed in Superior Court as a class-action or personal injury will be dismissed for lack of jurisdiction. Superior Court judges are not... View More
answered on Sep 14, 2022
Yes, since the insurer can keep denying the treatment and the QME wants the treatment done before releasing you, 3 QME visits is not unusual.
Pain would this injury be permanent and would I be given anything In court for this injury even if the cortisone shots released the pain temporarily?
answered on Sep 14, 2022
You get ZERO for 'pain' in workers comp. If a physician on the network writes tht you have WHOLE PERSON IMPAIRMENT because of actions this elbow can no longer perform, there would be an award of Permanent Partial Disability. Only the Treating Physician can decide if the condition is... View More
I suffered a severe reaction, from coughing & choking to blackouts & memory loss. We learned of the toxic chemical after the workers’ comp doctor ordered the employer to have an air sampling test completed. In the weeks leading up to the severe reaction, I was feeling awful; fatigued,... View More
answered on Sep 12, 2022
No. All workplace injuries and medical conditions are the exclusive jurisdiction of the workers compensation system. There are some very limited exceptions. You should speak to your workers compensation attorney about those.
Good luck to you.
Will I have to see the QME a third time and is this normal in a workman's comp case?
answered on Sep 14, 2022
Sadly, yes this is normal. The insurance companies legally deny all treatment, and then the QME writes that the insurance company should have granted the treatment and you still are not at maximum improvement. If you had an attorney, that attorney should have shown the QME Report to the... View More
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