Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I had a workers comp case, my lawyer was able to close only part of the case, leaving the medical part open. However, with the compensation I obtained from the 1st part closed, he took his payment, told me he was done with the case and was no longer representing me and gave me a letter of... View More 
answered on Oct 2, 2019
Yes this is legal. The attorney is entitled to fees on the remaining part of your case. In fact, the court will probably not allow the case to settle unless the issue of attorney fees is addressed. Most often the carrier adds a bit more to the settlement to cover fees, so it should not cost you... View More
I worked a very stressful job 2016 where I wasn’t given a lunch break and given the workload of two people and the stress and burnout from this job ended in Fibromyalgia. I didnt know anything could be done and did not seek disability or unemployment or workers compensation. I was also not given... View More
answered on Oct 1, 2019
You need to seek out a consultation with a workers compensation attorney to determine if there is any chance at making such a claim. It is not likely you have any rights outside of the workers compensation system for the workplace induced injuries that you suffered. You have likely lost any... View More
Ihave been through the workers comp process. The district is offering to settle. I am unhappy with the offer. The injury ended my teaching career.
answered on Sep 17, 2019
No one can offer to take your case. If anyone does solicit your business on here, run in the other direction.
You have to contact the workers compensation attorneys first. It shouldn't be hard to find a qualified attorney willing to take your case. Just make some calls.
I don't feel very good about my attorney as I feel 6 months is unacceptable amount of time to see workman's comp doctor. My attorney told me to find a job maybe I hired the wrong one
answered on Sep 13, 2019
It depends what the issue is. If this is an Agreed Medical Evaluator, sometimes the wait can be 6 months. in the meantime, however, you should be able to follow up with your treating physician if your injuries are getting worse.
If the issue is a denial of the injuries, then you should be... View More
I got hurt on the job by a freight cart tipping over on my ankle and foot. My manager sent me to the ER and documented the injury. Being I work graveyard and went to their clinic in the middle of the night, no one was there to X-Ray it. So the nurse gave me a boot for it and sent me on my way. I... View More
answered on Sep 7, 2019
Since you did report the injury at the time of the fall, the employer should have provided you the claim form and process your injury claim.
We could try to add the injury claim with your back claim, and the settlement appears low when you report that you have two herniated discs. If... View More
Long story short at work I ended up with carpal tunnel in both wrists. Got to the point where I was waking up at night in tears do to the pain. I at first tried to use my own personal doctor but my work did like the way it looked with braces on both arms and required me to go through Workman... View More
return. He read the MRI results and then submitted it to the WC Insurance company to respond, if it was accepted or rejected. I got NO reply/response from the insurance company for SIX more months. It was declined for surgery. It stated on the report that they (insurance co) did NOT receive it... View More
answered on Aug 24, 2019
Five (5) business days. Something else is going on. If you can prove the insurance company received the request from your doctor and did not respond within. Five business days you should be able to get the surgery authorization.
I've filed grievances and went to my Congress person but nothing has moved yet. Its been over a year and a half with no explanation .
answered on Aug 23, 2019
Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding... View More
ether in Eyad as a strict American Medical Association (AMA) Guides rating of 58%, after the principles set forth in Milpitas Unified School District v. WCAB (Guzman) (2010) 187 Cal. App. 4th 808, 75 Cal. Comp. Cases 837 and Athens Administrators v. Workers' Comp. Appeals Bd. (Kite) (2013) 78... View More
answered on Aug 15, 2019
Both of the cases you are looking for are available through google by name, or on the DIR/WCAB list of important cases.
I have been working at Ross for 10 years now and am only getting paid $1 more than a new employee. My last annual review was about 5 years ago. They keep saying my pay is maxed out. But it’s all so shady. My coworkers working the night shift along with me have NEVER had a single review or raise.... View More
answered on Aug 7, 2019
Unfortunately, as long as you are paid at least the minimum wage, and unless you can prove the refusal to pay you more is because of your membership in a protected class of people, you really have no meritorious legal claim for not getting a raise. No employer has a right to a raise, unless the... View More
I was injured and how it happened it took my doctors 3 years to find the problem once they had I needed emergency spine surgery i was close to becoming paralyzed. I went to in home supportive services and filed the workman's comp paper work and saw their workman's comp Dr who told me... View More
answered on Aug 1, 2019
You can always file a claim for workers compensation benefits, but with this fact pattern you will have trouble overcoming the statute of limitations. Definitely too late for a civil suit.
answered on Aug 1, 2019
If you were hurt before you were terminated and the employer had knowledge, then you should have no problem proceeding with a WC claim. If you employer was not aware of your injury until after you were terminated, then a new set of rules apply. Generally for this type of case you will need an... View More
“The validity of this authorization is governed by and construed in accordance with the laws of the State of Illinois...”
I am in California the defendant parties will not respond when asking if they can investigate whether my signature or original or if it was done without my... View More
answered on Jul 30, 2019
this is listed as a WC question which i do not do.
I think you have to set up an appt with an attorney close to where you reside to see if the facts will warrant jurisdiction and a filing there.
otherwise, you may be forced to deal with Illinois law.
answered on Jul 24, 2019
Defendants are going to be adamant that you use the current AWW, so my advice is to get an attorney and see if you can make an argument to expand the review period. The issue will be why were your wages so low for the past year. If you were unable to work because of your injury, then you will be... View More
I have a desire to appear by either telephone or by remote or electronic means for a deposition
The judge doesn’t seem to have a problem with it, since I can get a recommendation from my clinical treating therapist or get ADA accomodations.
The representing attorney said it was... View More
answered on Jul 11, 2019
more info needed.
you need to ask this in a Workers Comp forum...this is a PI forum.
most WC lawyers will give you a free consultation and if you are in the middle of a claim and do not have a lawyer..........shame on you.
My employer filed my claim for industrial injury. The QME determined my injury was predominantly industrial on more than one occasion and that I was unable to return to work under no circumstances. This can also be supported by my treating doctors for treatment I recieve on a private basis.... View More
answered on Jul 10, 2019
Sadly, a finding by a QME that you are Temporarily Totally Disabled for particular dates may not be enough to require the Adjuster to pay TTD. IF the employer is saying the injury is not industrial and the employer wants a trial to try to prove the QME got it wrong, the adjuster won't pay.... View More
We are located in Sacramento California. I am researching on behalf of my brother as it's his case. Essentially him and the Hartford insurance company agreed to a settlement where the Hartford agreed to provide him lifetime medical support for his injury. He has been going to all his... View More
answered on Jul 9, 2019
more info needed
if you had a WC attorney (and you should have had one), then ask him or her.
if not consult with a WC atty.............this is a criminal atty and PI forum
* FORMS TO FILE PROTECTIVE ORDERS
* SEAL MEDICAL RECORDS
* FORMS TO FILE OBJECTIONS
* FORMS TO FILE SANCTIONS
* INFORMATION ON SUSPENSION OF DEPOSITIONS
* FORMS TO MAKE A REQUEST FOR REIMBURSEMENT FOR MILAGE, EXPENSES, TTD OR PAST DUE WAGES & JOB... View More
answered on Jul 8, 2019
Get a workers comp attorney for your case, or pay for a full consultation on how to address the issues you raise. This forum is not for detailed, free advice on how to litigate your case.
If the defendant party is requesting further discovery for improper purpose, such as harass or to cause unnecessary delay to an unrepresented applicant in hopes that evidence of unethical and professional behavior will dissipate or reach statue of limitations, does the defendant party have a statue... View More
answered on Jul 6, 2019
At Status Conference is not going to help. It is like a meet and confer. You are already past that point. You need to file for a Mandatory Settlement Conference, which closes discovery. At the MSC defendants can explain the need for further discovery. The WCJ will either allow it, close... View More
ok so I know the company I was working for when injured is still in business at the same location, and I have had treatment for the injury many times over the years, just never knew I could file against the claim for it. I was pretty young when it happened and just didnt know.
answered on Jun 25, 2019
Technically the case is still open. However, you will have to prove the carrier did not provide you with the proper notices. And finding the current carrier might be difficult
Generally, the statute of limitations for filing a claim is one year from the date of injury for a specific... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
