Get free answers to your Workers' Compensation legal questions from lawyers in your area.
its been going on for sometime and i was promised x amount of money and so far i cant even get my out of pocket expenses paid back
answered on Sep 16, 2020
You should make an appointment to meet with your attorney and ask him to explain why nothing is happening or you can consult anyone of us on AVVO for a free consultation.
Person works for the airline industry and is being let go as part of airline cutbacks.
answered on Sep 14, 2020
Yes, sadly, having an ongoing workers comp claim is no guarantee that you won't be laid off. That said, if the person with the open claim is the ONLY ONE laid off, that is likely a violation of Labor Code 132a. But you have to prove the true reason you were let go was the employer... View More 
Oc leave i don't know what that is or if i will be paid
answered on Sep 9, 2020
If your employer can not provide you with modified work then the insurance company has to continue paying you temporary disability payments. Contact anyone of us on Justia for a free consultation ASAP.
how can i get a breakdown from adjustor WC on the remains of my award? My attorney is not responding to my questions, I cannot contact the WC advisor as I have an attorney? can you help?
answered on Aug 21, 2020
Sorry, from just this, nobody can know.
Did a WCAB judge make a Finding and Order that you were Temporarily Totally Disabled with a start and stop date?? If not, no Temporary Disability payments are due.
Did a WCAB Judge make a Finding and Order that you have a certain percentage... View More
March ‘18 my manager sexually harassed me. I didn’t report it until August ‘19 due to fear of retaliation and because I’m male and felt no one would listen. I reported it after speaking to a therapist about it. My employer investigated but closed the case without any findings and left it as... View More
answered on Aug 14, 2020
You need the assistance of a couple of good lawyers. First, you need a Worker's Compensation attorney to handle your work related injuries. Secondly, you need an experienced attorney who knows how to handle discrimination and harassment cases. You described a classic harassment case, and you... View More
She is thinking of filing for bankruptcy, should I settle or is there another way to get what I’m owed?
answered on Aug 13, 2020
If your former employer is really considering filing for BK, the quicker you get the money in your bank, the better off you will be. Cannot evaluate the claim because you did not say how much you asked LC for. The LC claim could become just another claim in BK and you would get a fraction of its... View More
My mother who is an immigrant and an employee of a company where she works as a farm worker in California, was recently put on workers comp due to her having nausea and dizziness that made it unsafe for her to work. after getting the OK from her doctor to go back to work, she went to the main... View More
answered on Aug 12, 2020
Labor Code 132(a) makes it a misdemeanor crime for the employer to demote or terminate an injured worker just because they requested workers comp benefits. The trouble here is the employer can defend by claiming it really had nothing available for Mom with her skill set. CAN MOM PROVE that this... View More
I got laid off Dec 2019, got rehired 2 weeks ago, I asked for $14 an hour. My manager said they couldnt pay me that. I had a friend apply and she got hired and will be paid $14 an hour. I will be training her and yet getting paid less then her. Is it okay for employers to do that? I am 45... View More
answered on Aug 8, 2020
It is generally not unlawful to pay newer employees more money than those with more seniority. Seniority has no power or priority unless you are in a union environment.
However it is unlawful to be treated poorly because of your race, or age over 40, or other membership in a protected... View More
Face forward down the steps. My employer stated this was not a workers comp case since being at the hotel “ was like being at home and I was involved in a leisurely activity”.
answered on Jul 31, 2020
Your employer is just WRONG. SKIP contact with this cheap boss and put everything IN WRITING to the Workers Comp Insurance Company listed on the poster in the 'conspicuous' location at the workplace (required by law). Here's the case where a guy dove in the shallow end of the pool... View More
Or for more than 20 minutes per hour or sitting more than 20 so my question is I was told I was no longer able to do my job that I've been doing for 30 years and disability dropped temporary disability and gave me permanent disability based on 18%. My question is so if I'm not able to go... View More
answered on Jul 24, 2020
you need to consult with an experienced workers compensation attorney to assess if MMI is appropriate at this time, what you can do and cant do regarding work restrictions and what the most accurate permanent disability percent is. workers compensation is very complex and going cheap to save 15%... View More
What are my odds of having that denial deemed invalid? Carpal tunnel claim and anxiety.
answered on Jul 21, 2020
To prove the defendant went passed the 90 days, you have to have PERFECT proof the employer had the written claim form on a certain date. Your testimony you gave it to someone on a date won't work, because the other guy will just claim you gave it 2 days later and the judge won't know... View More
I'm having a tough time finding a lawyer to take my case. My employer pretextually discriminated against me & fired me for filing workers comp. I have a strong case. Any help would be much appreciated.
answered on Jul 19, 2020
132a is only one of a couple of ways to pursue rights associated with being retaliated against for filing a workers compensation claim. In fact, depending on the financial and emotional distress losses associated with that wrongful conduct, pursuing the claim under Labor Code section 132a would be... View More
My supervisor was interviewed in the course of my workers comp claim investigation, do I have a right to request a summary or the recorded audio of that interview and if so, how long does my employer or the insurance company have to comply with my request for that interview? What other information... View More
answered on Jun 22, 2020
You don't have the right to the "work product" of the defense investigator/attorney UNLESS it is submitted to the reporting doctor for review and comment. YOU can set deposition of the supervisor, but you have to pay the court reporter hundreds for the original and a certified copy... View More
Does a works compensation claim go into effect the moment that I inform my employer of an injury and their paperwork is filed with the insurance company and before I even file my paperwork or sign any sort of documentation? And despite my not having filed a claim form or signing any other documents... View More
answered on Jun 20, 2020
There is absolutely nothing unlawful about your employer or its workers compensation insurance company and claims administrator immediately starting to investigate a claim of workplace injury once it is reported. If you have concerns about the insurer's actions, your best move is to hire a... View More
my question (my attorney is out of town and not available to answer this question... Any. the case is about to be
settled. I was just informed by an x-co worker, that the company that this accident happened. WAS SOLD ON
FRIDAY! Will this effect the settlement outcome in any way?... View More
answered on Jun 16, 2020
only your attorney can provide you legal advise and information about your specific case. you will need to set an appointment to address your concerns with your attorney.
If work comp just sends me a settlement check with no communication at all, do I have to accept it or can I negotiate the amount? How do they figure what the points are worth? How do they put a price on the loss of use of a body part?
answered on Jun 6, 2020
Workers compensation insurance carriers are required by statute to make payments when specific events happen, for example you are found TTD, or MMI. The statutes require the carrier make a good faith effort to pay PD at the end of TTD if you are not working. So the check might not be a settlement... View More
Is there anything I can do to sue for mental distress . my Employer took advantage of me and worked me to the core because I am Mexican. It doesnt sound right to just get a 132a case. I will never be the same. They purposely broke me down.
answered on Jun 4, 2020
It is difficult to give you a helpful answer without knowing much more. There is a very bright line drawn that says any workplace injuries you suffer, even emotional distress, that is caused in the workplace must be handled within the workers compensation system. There are very limited exceptions... View More
answered on May 20, 2020
Worker’s compensation doctors are bias and they send you back to work even though in most case they shouldn’t. The law says you have to treat with them but the law allows you to be evaluated by a neutral doctor one time to know your true disability and your true need for future treatment. Once... View More
I been going to their Dr and therapy since March. Also how do they calculate a offer to me if they pay for my Dr Therapist medication and rides to my appointment s?
answered on May 17, 2020
Worker’s compensation docotrs are very bias and they do return you to work even though they shouldn’t. In their final report they give you low percentage of disability and little need for future treatment. The law allows you to be evaluated by a neutral doctor to see what your true disability... View More
I just asked a question. However... For upcoming Workman's comp trial coming soon...
my witness will not attend this trial! I had asked... upon this notarized witness statement..
Can this witness (arrived as I was pinned under a large erase board) witness did assist... View More
answered on May 15, 2020
All WCAB trials now are by telephone. Your witness MUST have access to a telephone!!! You will have to get the Judge's hearing line plus the access code and train your witness how to phone in and enter the code when the voice tells him to enter the code. OR bring your witness to your... View More
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