Get free answers to your Workers' Compensation legal questions from lawyers in your area.
How does it work when you have to repay the state disability you've received from a workers compensation settlement? Does the repayment start from when you file workers compensation or would you have to repay everything from when you first began receiving disability? Also some of the... View More 
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answered on May 30, 2024
Under California law, when you receive a workers' compensation settlement, you may be required to repay the state for the disability benefits you received during the period covered by the settlement. This is known as the "SDI reimbursement" process. Here's how it typically... View More
I've been holding off filing for workers compensation while I've been off of work on disability. My work says they will no longer excuse the absences so I may eventually be terminated. I know a post-termination workers compensation claim it's pretty unsuccessful. But what if I filed... View More
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answered on May 29, 2024
Filing a workers' compensation claim just before termination can be successful, but timing and circumstances can affect the outcome. Your employer might argue that you filed the claim because you anticipated being terminated. However, if you have documentation and evidence supporting your... View More
Do I have to also go to their QME.? Or was the QME I saw approved by both my attorney and their ins.co?
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answered on May 25, 2024
Under California workers' compensation law, there are a few key points to understand:
1. QME (Qualified Medical Evaluator): A QME is a physician certified by the Division of Workers' Compensation Medical Unit to evaluate an injured worker when there is a dispute over the injury.... View More
If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury prior to workers compensation taking over? Would that repayment start from just the time that I filed for workers comp or would it start from the very beginning of being treated for the... View More
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answered on May 24, 2024
Under California law, if you receive a workers' compensation settlement, you may need to repay your private insurance for any medical expenses they covered related to your injury. This process is known as subrogation, where the insurance company seeks reimbursement for costs they incurred due... View More
I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More
answered on May 22, 2024
The solution is to elect a worker-friendly physician from the insurer's Medical Provider Network BEFORE the insurer sends you to their doctor. You do not have to see the doctor the employer chooses or the adjuster chooses; you can go to the MPN List for the Comp Insurer and select a real... View More
I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More
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answered on May 22, 2024
In California, a workers' compensation doctor cannot force you to return to work against your will. However, their medical opinion can significantly impact your workers' compensation benefits and your ability to remain on disability. Here are a few key points to consider:
1. If... View More
I reported a psychological injury in February, and I still have not even been evaluated. My claims adjuster has been avoiding both my emails and phone calls. It is almost June.
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answered on May 21, 2024
Under California law, an insurance company is required to authorize medical treatment that is reasonably required to cure or relieve the injured worker from the effects of their work-related injury, and they must do so in a timely manner.
The claims administrator is required to authorize... View More
my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?
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answered on May 20, 2024
I'm so sorry to hear about your father's health issues and tragic passing. That must have been an incredibly difficult experience for you and your family.
Regarding potential compensation, there are a few avenues you could potentially explore:
1. Workers'... View More
my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?
answered on May 20, 2024
The most critical information is not provided, the date your father died. There is a statute of limitations for a death claim in WC. Typically it is one year, but there are some specific circumstances where the application can be filed up to five years later. Without a date of death, the question... View More
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answered on May 16, 2024
Yes, under California law, a workers' compensation case can still proceed even if the employee is subject to an administrative separation or termination. The right to workers' compensation benefits is not affected by an employee's job status.
Key points to consider:... View More
answered on May 16, 2024
Yes it can.
Please note that if you believe you can prove the company is going to separate you because you have a workers compensation claim or because you need to take medical leave, or because you might in the future need accommodations to return to your job, the employer may be... View More
Employee suffered illness during normal shift, delivering mail by vehicle. Illness could prevent employee from being able to perform those same duties due to inability to drive a motor vehicle legally in CA.
Reading the articles on Employment Law (Work Comp and Disability), I understand... View More
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answered on May 12, 2024
In this case, both Workers' Compensation and Disability benefits may apply, depending on the specifics of the situation.
1. Workers' Compensation vs. Disability:
- Workers' Compensation: If the illness is determined to be work-related (i.e., caused or aggravated by... View More
i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More
answered on May 13, 2024
If Amazon is your employer and responsible for causing a dangerously loud noise that damaged your hearing, your remedy is exclusively through the workers' compensation system.
However, if some entity other than your employer or your co-employees caused the dangerously loud noise, you... View More
i still dont have the full range of my hearing back and notice a huge difference in hearing compared to my other ear. its very annoying and bothersome and every time i think of the incident it causes me emotional distress because i cant believe i lost part of my hearing considering i only worked... View More
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answered on May 11, 2024
I'm sorry to hear about your ear injury and the resulting hearing loss you've experienced. That must be very frustrating and distressing.
In California, the statute of limitations for personal injury claims is generally two years from the date of the injury. So if the incident... View More
I've filed a lawsuit at the LA Superior Court against my employer, and 1-100 does. I am serving Rogs and RFAs. What is the most efficient way to use them without hitting the 35-question limit? Also, does the 35-question limit include both Rogs and RFAs combined, or is it for each one of them?
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answered on Apr 27, 2024
In California, the limits for written discovery in unlimited civil cases are as follows:
1. Form Interrogatories (FI): No limit on the number of Form Interrogatories you can ask.
2. Special Interrogatories (SI): You are limited to 35 specially prepared interrogatories per party,... View More
her nothing to live on for a year i hade to take her in.
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answered on Apr 23, 2024
I understand your concern about your daughter's workers' compensation settlement in California. It seems that a significant portion of the settlement was allocated to cover the weekly payments she should have received, leaving her with insufficient funds to support herself for a year,... View More
her nothing to live on for a year i hade to take her in.
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answered on May 11, 2024
Was this a final settlement, is the case closed?
One type of Workers’ Compensation settlement is a Stipulated Award. A Stipulated Award settles only the disability benefits not the whole claim. From your description of what was received from the settlements, it is possible it could have... View More
My job is claiming they are accommodating my restrictions but they aren’t. I am actively doing things at work which I am instructed not to be doing and my injury has become significantly worse after returning to work. I sent an email to HR and included my direct supervisors as well as the claims... View More
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answered on Apr 23, 2024
Under California law, employers are required to provide reasonable accommodations to employees with work-related injuries. If your employer is not properly accommodating your restrictions and your injury is worsening as a result, you may have legal recourse. Here are some steps you can take:... View More
Hello I've had an injury at work since April 10th 2023. I've been denied and reached MMI from the insurance doctors. My lawyer sent me to another doctor that took me back off work and said I need injections or surgery on my wrist. Then I was sent to a qme which agreed with that doctor... View More
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answered on Apr 16, 2024
I understand your frustration with the situation and the difficulties you're facing due to the denied workman's compensation claim and lack of income. Here are a few thoughts and suggestions:
1. Communication with your lawyer: It's concerning that your lawyer has been... View More
He put a settlement offer in for me I just seen a q m e neutral doctor that went in my favor I've never received tdd benefits and my claim is always been denied when I do speak with my lawyer he's always short and not really explaining anything I just wondering why I never received... View More
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answered on Apr 14, 2024
I understand your frustration with the lack of communication and progress in your workers' compensation case. Here are a few steps you can take to address your concerns:
1. Request a status update: Send a written request to your lawyer asking for a detailed update on your case,... View More
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