Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Workers' compensation. Insurance agent made unilateral decision to deny treatment and not even send Rfa thru ur with the reason being because it was a one time consultation with the doctor. This is not allowable. I can find no caselaw, no regulations, no circumstances that allow him to... View More 
answered on Jan 19, 2020
They can do what they want. It’s up to you to know the cases and law why it’s wrong to assert your rights. You need a attorney to do this for you. There are many legal reasons they can do what you mentioned but this does not mean that in your case to have no options. Call an attorney to get... View More
I was never taken off work. I barely work. Can I get workers comp pd or ptd disability if doctor requests? Pro per. Case was mishandled early on. Only now finally on track. I feel like unwell a lot. Spinal, nerves, brain. Edit: I am absolutely not in Texas. I am in CA. Maybe my... View More
answered on Jan 19, 2020
Yes you can obtain further TTD, 2 years worth within a 5 year period. You may also have a CT which can extend this. Work comp is very complex. Call for a free and confidential consultation. Work comp attorneys provide free consultations.
Injury 12/28/2017 case closed 10/17/2019 was told I didnt have anything significant and it wouldnt cause problems in my day to day. I have gotten worse pain and went to the hospital and now have sciatica. And have missed days of work already.
answered on Jan 15, 2020
You have a new case with the current employer and because your prior case seems to have been downplayed that can benefit you now. You should consult a workers compensation attorney ASAP to flesh out more details, options and rights
answered on Jan 13, 2020
The applicant's attorney can file a lien for Medical Legal costs and get reimbursed for any charges, same as the fees for the doctor's costs. Usually the court reporter submit their billing directly to the insurance company.
Good Afternoon,
I have been out on workers comp due to a heart injury from my job for the past 7 months. About 2 months ago, I received a certified letter from my job telling me that I needed to be "in my home" from 830am until 5pm monday thru friday while I'm out of work.... View More
answered on Jan 12, 2020
Your attorney might want to check with the defense where there is any rule in the Labor Code supporting that requirement. That requirement would be illegal, for what if you have any doctor's appointments. It appears that they are trying to harass you.
Our electric door that allowed us to lock our store from within didnt work and i told my boss numerous times to get it fixed, her response was always the cost and that its a electrical problem. Store documents were falsified stating the door was operating when it was not. Long story short , i wasnt... View More
answered on Jan 7, 2020
Your remedy for this workplace injury against your employer is in the workers compensation process. You need to contact a workers compensation attorney right away because if you have waited over a year you may have problems. Your remedy against the assailant is a civil lawsuit. You have two... View More
If pi settlement is issued before wc resolves and a credit is issued... Does this credit applied to any disabilities settlement portion or just future medical or both? Thank you. Also, can I dispute credit at wcab?
answered on Jan 6, 2020
The credit applies for any costs or benefits the carrier is required to pay in the WC case. Yes, you can dispute the credit.
If the ptp reports are untimely, not adding in any info from the secondary treater's reports or noting that diagnostics have been requested by secondary treater etc. Can I remove ptp using LC 9786? I've had several different ptps already, two of whom dropped me. The company... View More
answered on Jan 6, 2020
You can change treating physicians without cause at any time by requesting a transfer within the MPN.
I am pro per. Not really what I want but that's what it is. If I plan on quoting labor codes and past legal decisions to back up my argument in a status conference regarding illegally denied medical care do I need to submit the details of the argument to the court first (and also process serve... View More
answered on Jan 6, 2020
For problems with medical treatment you should file for an Expedited hearing. It is faster. Make sure you have all the discovery as defendants probably have some Utilization Reviews denying your treatment, so make a discovery demand as well.
Back in June, a student threatened me and overturned my desk. Administration put great pressure on me to pass the student. Now I have been on medical leave since school year started in Aug for neck. Had neck surgery 11/8/2019.
I am making no progress, in tremendous pain do to... View More
answered on Jan 4, 2020
Medical Malpractice is not WC, so you need a different forum. Probably not malpractice for failure to say why you are in pain. As for workers comp, you can always file a claim. For psyche cases you must meet the 50% threshold. In your case you have waited 6 months to file, and this case you have... View More
I have returned to work last Oct 2019 and on November my WC MD evaluated me with a permanent disability rating of 2% which is equivalent to $1,740.00
I received a stipulation award form stating in addition to providing future medical treatment WC will be paying me the sum of $1,740.00 Is... View More
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answered on Jan 2, 2020
If Your permanent disability is only worth 2% then the amount of money they’re offering you is correct. But if your doctor underestimated your disability your claim would be worth a lot more money you should have an attorney Review your case and the medical report the insurance company is basing... View More
Worker's Comp Injury 4/2017-surgery 3-1-19, released to full duty by all doctors 7/2019-Employer has not allowed me to return to work. Keeps stalling. It is now almost January 2020-my temporary benefits are about to run out and I really want to return to work-what do I do?
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answered on Dec 30, 2019
You are being jacked around by your employer and you need solid representation by a competent workers compensation attorney. Don’t waste time. Most workers compensation attorneys will give you a free consultation and normally charge about 15% once the case settles.
We JUST sent their atty our denial through our workmans comp atty, and our atty just told us she’s sending it to the DA? I’m confused. Doesn’t it stay within our atty’s hands unless we can not agree then it goes to the court? We do believe it’s a Fraudulent case so could our atty be... View More
answered on Dec 19, 2019
This makes no sense because there are too many attorney. Your attorney should be the defense attorney. You need to rephrase the question or I doubt anyone can answer it.
I was let go due to attendance while on probation I was out for approximately 10days due to an illness I have doctor's notes when I returned to work I had a modified work letter but was denied work and was let go due to attendance my modified work letter states that if employer can not... View More
answered on Nov 23, 2019
Far more would have to be learned about your situation to know if there is a violation of the law by this employer. There are conceivable circumstances that would make the employer's actions here lawful or unlawful. The nature of your illness, the timing and content of communications with... View More
I assume they want to see if I am making more money now than before my injury. The injury was in California in 01/2005.
answered on Nov 19, 2019
The carrier wants to verify your income and establish that you did in fact work for a specific employer. The easiest way to do this is to provide a copy of your employer's W2. It is very common in workers' compensation.
Notwithstanding any language to contry in the Compromise and Release and any addenda , this order does not foreclose the applicant’s right to SJDB for injuries occurring on or after 1/1/2013
answered on Nov 7, 2019
It means the Compromise and Release did not settle any right you may have to a Supplemental Job Displacement Benefit.
https://www.dir.ca.gov/dwc/SJDB.html
I'm asking because my employer told me I have to go on my time ..
answered on Nov 3, 2019
The choice is up to you. Please note however, that if you take time off work to go to the medical appointments, the WC carrier is not required to provide you with wage loss, so if you are in a tight financial situation it would be best to go on your own time if possible.
opening another case that is not workers compensation related. The injury i sustained was a injury to my left hand when heavy box slammed down on my hand and left a knot between my wrist/lower thumb area in february 2017. When seen by 3 - 4 physical therapist i was diagnosed with chronic pain... View More
answered on Oct 22, 2019
You need to immediately go back to the workers compensation attorney you used to file your initial claim and speak to him or her about your condition. You cannot simply file a new workers compensation claim arising out of the same injury, nor can you file a claim against your employer outside of... View More
I did a workers compensation claim and settled that claim , but my injury still exist. I was diagnosed with chronic pain syndrome while dealing with my workers compensation claim which referred me to 3 different physical therapist for my injury.Recently I went to see a cosmetic surgeon to get a... View More
answered on Oct 14, 2019
Unless your injuries were caused by some other person or entity other than your employer, you are likely going to be limited to seeking relief through the workers compensation process. All workplace injuries must be handled through that system. You need to consult with a workers compensation... View More
I have an accepted workers comp claim in California. I've been on modified duty since the injury last October. I was fired in December. I've been looking for work in the same industry but I am being told I don't qualify for the jobs because I'm on modified duty. I've been... View More
answered on Oct 11, 2019
There are two types of temporary disability 1)TTD - Total Temporary Disability and 2) TPD Temporary Partial Disability. If you were working modified duty you are likely TPD which means you get temporary disability unless the employer can accommodate your restrictions. If you were fired for cause... View More
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