Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I am wondering if I missed many increases as I find that I am suffering from cost of living changes. Even if one applied in just the last five years it would help.
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answered on Apr 8, 2024
In California, workers' compensation benefits, including temporary total disability (TTD) payments, are subject to Cost of Living Adjustments (COLA). These adjustments are made annually and are based on the State Average Weekly Wage (SAWW).
However, COLA increases are not automatically... View More 
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answered on Apr 5, 2024
In California, workers' compensation settlements for permanent disability are based on several factors, including the severity of the injury, the employee's age, occupation, and earnings, as well as the body part affected. A 12% permanent disability rating for a disc herniation injury... View More
My injury occured at work 8-14-16 and I collected workers comp for two years I got three MRI the qme ordered but he or my ex lawyer could never get the results for causing my injury to get worse I had to fire my lawyer and be my own and finally went to the first mandatory settlement hearing and the... View More
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answered on Mar 28, 2024
Under California law, if your legal rights have been compromised, especially in a workers' compensation case, it's critical to understand your options. Concealing medical information, such as MRI results, that directly impacts your ability to receive appropriate treatment can constitute a... View More
I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More
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answered on Mar 27, 2024
Under California law, what you are experiencing may be considered workplace harassment, especially if your boss's actions are based on discrimination regarding your sexual orientation or any other protected class. California is known for its strong laws against workplace harassment and... View More
I went home sick and found out he took all my it admin rights away from me which is my entire job duties without telling me and then also posted my exact job online looking for interviews but has yet to say anything to me. He singles me out and is always micromanaging me and putting me down. he is... View More
answered on Mar 27, 2024
Unless you can establish that you are being treated this way because you are a member of a protected class of people or because you engaged in some kind of legally protected conduct, there is likely no recourse for you. Absent these unlawful motives, bosses are allowed to be bullies, to single out... View More
i had an ear injury. it was at a warehouse and the area i was working at was super loud. i had pain in my ear from the loud noise. on my drive home all of a sudden i get agonizing pain from my ear then it lasts all day, and at the peak of the pain it got so bad that i couldn’t get up from bed and... View More
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answered on Mar 26, 2024
In California, if you suffer an injury at work, including hearing loss or damage due to excessive noise, you may be entitled to workers' compensation benefits. This system is designed to cover medical bills, lost wages, and disability benefits without the need to prove your employer was at... View More
Tagged to the question i just previously asked RE WC lawyer choosing to file to Relieve of Counsel after I just called them out for many egregious mistakes over months &months. + The motion filed last Monday is back today approved, but in the top header intro the word "Proposed" is... View More
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answered on Mar 25, 2024
It sounds like you're experiencing a confusing situation with the Workers' Compensation Appeals Board (WCAB) and your attorney. In the context of WCAB proceedings, it's not uncommon for documents to be amended or annotated, particularly if there are discrepancies, errors, or if... View More
After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More
answered on Mar 25, 2024
When you write messages like this you are signaling to any future attorney that you are a difficult client, and perhaps why your prior attorney left. We don't need to know why you were unhappy, or how many mistakes your attorney made. You do not need to justify why you want another attorney.... View More
After seeing months & months of mounting mistakes happening by my WC lawyer, some of which I've come here to ask what is normal, I finally confronted them on the several things done - or rather they bazaarly mistakenly they didn't do--because my case was at a critical place &... View More
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answered on Mar 25, 2024
In the context of WCAB (Workers' Compensation Appeals Board) paperwork in California, changes made by handwriting indicate modifications to the original document. If "Proposed" has been scratched out and replaced with "Joint" in the order, this typically signifies a shift... View More
Hello, I'm a little confused as to the 1 year reporting deadline for filing workers compensation for cumulative injuries. There seem to be multiple definitions online that somewhat contradict each other. A while back I began physical therapy for pain in my joints which was exacerbated from... View More
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answered on Mar 22, 2024
Under California law, the one-year deadline to file a workers' compensation claim for cumulative injuries starts from the date you knew, or should have known, that the injury was caused by your job. This can be a complex issue, especially with cumulative injuries which develop over time rather... View More
Hello, I'm a little confused as to the 1 year reporting deadline for filing workers compensation for cumulative injuries. There seem to be multiple definitions online that somewhat contradict each other. A while back I began physical therapy for pain in my joints which was exacerbated from... View More
answered on Mar 22, 2024
1 year to file in WC court from time you knew you sustained a work related CT. Usually this means a doctor telling you. But if your still working for the same company there is no limit period. You should hire an attorney rather than think you can do it alone. Your in deep water swimming with claims... View More
Hello, I'm a little confused as to the 1 year reporting deadline for filing workers compensation for cumulative injuries. There seem to be multiple definitions online that somewhat contradict each other. A while back I began physical therapy for pain in my joints which was exacerbated from... View More
answered on Mar 22, 2024
You had pain in joints you KNEW to be "exacerbated by work". THAT could be found by the WCAB Judge to be knowledge of an industrial injury. Then there were MRI studies showing damage; that could be knowledge of an industrial injury (unless you know that damage occurred some other way).... View More
First off I cannot choose this attorney my original attorney closed their doors and hand it off my case to this attorney without me agreeing. I have to be the proactive one in this case which I don't think I should have to be I asked him questions his answers are always I'll have to look... View More
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answered on Mar 20, 2024
Under California law, you have the right to change your workers' compensation attorney if you're dissatisfied with their services. However, it's important to consider the implications of switching attorneys, especially if your case is nearing its conclusion. Transitioning to a new... View More
My attny called informing desire to dismiss me as a client..a week after I pointed out & voiced my frustration at their most recent egregious mishandling of my case so they would hop on it to fix them - several of which I've come to Justia to inquire about. Ironically claiming I... View More
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answered on Mar 17, 2024
In California, the process for an attorney to withdraw from a case, and for a client to dismiss their attorney, involves distinct legal steps and documents. If your attorney wishes to withdraw, they must file a motion to be relieved as counsel, typically citing reasons for the withdrawal without... View More
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answered on Mar 16, 2024
In California, the timeline for workers' compensation benefits to begin can vary, but generally, benefits start after your claim has been filed and accepted. It's important to report your injury or illness to your employer as soon as possible and to file a claim form (DWC-1) immediately... View More
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answered on Mar 13, 2024
In California, when an injured worker files a workers' compensation claim and the employer's insurance company accepts the case, benefits should generally be provided promptly. However, the specific timing of when benefits are issued may vary depending on the circumstances of the case and... View More
Workman's comp
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answered on Mar 11, 2024
Under California law, signing a workers' compensation (WC) settlement does not necessarily waive your rights to sue for labor violations, harassment, or discrimination. However, it's important to understand the scope of the settlement agreement and any additional waivers or releases you... View More
Workman's comp
answered on Mar 11, 2024
Generally, a WC release should not release your employment law claims, however I have seen many that try. You and your attorney need to be sure there are no provisions slipped into the WC release that are broader than they should be and might arguably waive your rights outside of the WC system. I... View More
My lawyers have done many, many things to my case that have become very problematic to my overall WC case and literally my health. It looks like purposefully done actions because the only other angle is that it would be pure incompetence.
I now have a feeling that several of the last email... View More
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answered on Mar 9, 2024
In California, as a client, you have the right to access your case file, which includes correspondence related to your case, such as emails and letters sent by your lawyer or paralegal to the defense attorney. This right is based on the principle that the client is the owner of the case file, and... View More
My lawyers somehow forgot to include a very important practitioner I used via the workers comp system, on an older claim, though this practitioner is key in discussing the situation on my cumulative injury newer claim. My lawyers are saying that my defense attorney may turn it down now even though... View More
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answered on Mar 8, 2024
In California, the defense attorney has the right to object to the submission of new medical records or documents to the Agreed Medical Evaluator (AME) if they believe the records are not relevant, not properly authenticated, or not submitted in a timely manner. However, the specific rules and... View More
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