Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I was demoted from a management exempt position because I can only work 4 hours a day due to my first workplace injury. When HR put me into the minimum wage job I told them that I was not physically capable of performing it and I became injured at work again with a new set of restrictions. My local... View More 
answered on Sep 22, 2017
Too bad you didn't get a lawyer for this claim. The Labor Code requires that the Employer offer Permanently Modified Employment within 2 weeks of the receipt of the notice of Permanent Work Restrictions...and most miss that deadline. That offer must include 85% of the pre-injury wages. So... View More
Had QME 5 years ago and injuries were found to be work related. Had 5 surgeries since and now arguing about acceptance of last surgery. Received a letter asking me to attend QME. I'm wondering if my attorney and their attorney who are friends, agreed to this without my knowledge? Everyone is... View More
answered on Sep 18, 2017
If you really feel your lawyer is not serving you, you need (1) a face-to-face to give her an opportunity to clearly and quickly demonstrate she is on your side and working in your best interests...and if she cannot do so soon and easily, then (2) dismiss her and 'substitute' in a new... View More
answered on Sep 18, 2017
Probably not. Contact the Labor Board. https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm
and small puncture wound, dog not registered or licensed, no vaccs, what are my rights?
answered on Sep 15, 2017
Tell your employer you want to file a workers compensation claim. Go get needed medical attention. Depending on circumstances, you may have a claim against the dog owner, or others, for the injury. Call a PI attorney.
I received a broken shoulder while at work by a thief And went back to work 4 days later but taking it easy. After a few weeks my back began to feel numb And was getting ignored by the doctors office when I'd call and complain. I got an attorney (WC) and was instructed to see a new doctor. I... View More
answered on Sep 14, 2017
The Work Comp Insurer is only responsible for 'reasonable treatment' on the body parts it either accepts as it's resonsibility or the body parts found by the Workers Comp Judge to be industrially-injured and requiring further/future medical treatment. If this Comp Insurer only... View More
been out 4 times for industrial injury and consequential injury of blood clots from surgery every time my boss puts me out under company provided disability even though they know its workers comp 3rd prty add accepts wc but denies disability then my boss shows it as personal injury and then they... View More
answered on Sep 14, 2017
The solution is to put every communication IN WRITING. Or to get an attorney who will put every thing in writing. IF YOU CAN PROVE these decisions are made solely to retaliate against you for requesting workers comp benefits, you can get an increase in Permanent Disability and get the losses... View More
CA Workers Compensation issue.
After receiving my report from the QME (not reached a permanent and stationary status), my first PTP stated that he couldn't do anything for me anymore. The adjuster (who will only reply to my emails 15+ days after) sent me a list and 2 PTP have already... View More
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answered on Sep 14, 2017
Look for a Workers Compensation Specialist anywhere close to your home. You will eventually find one. If you cannot, contact the California Applicant Attorney Association (CAAA) and ask for a referral or list of attorneys.
I had my claim overturned on a second doctors opinion so does the workers comp doctor who findings denied get penalized for anything ?
answered on Sep 14, 2017
Generally, nothing happens to a physician who writes the injured worker did not sustain any industrial injury. There are forms you can submit to the Director of Industrial Relations if you can show the physician performed below the standard of care. Here is a link to WCAB Forms... View More
answered on Sep 12, 2017
The Labor Code ends Temporary Disability payments from the insurer after 104 weeks -- two years. Even if you applied for Social Security Disability Insurance , you likely wouldn't be approved for more than one year. You can try an application for State Disability Insurance at... View More
I was under assumption 2/3 of my wages.
answered on Sep 6, 2017
Your best bet would be to consult with an experienced worker's compensation lawyer.
I'm still working fulltime but scheduled for knee surgery on workers' comp. The doctor expects I'll need 4 weeks of TPD. My employer is putting me on FMLA and says I have to use my accrued Paid Time Off prior to getting TPD. I think this is inaccurate. What is the regulation?
answered on Aug 25, 2017
Your employer is incorrect. Show THIS to the employer: http://www.calhr.ca.gov/employees/Pages/wc-td-tds-wage-loss.aspx
YOU are using the improper term. TPD = temporary PARTIAL disability, and TTD is Temporary TOTAL disability. For 6 weeks following surgery, you will be TOTALLY unable... View More
I got into a car accident while on the clock as I work in a mobile job. I was T-boned and they're still trying to determine who was at fault. The car I was driving was totaled. I was driving what I was told is "a company vehicle" at the moment the police report is still pending.... View More
answered on Aug 22, 2017
Giving false information to the insurance company is insurance fraud and is a crime. Tell the truth. Losing your job is not as bad as being charged with a crime. You have a claim for workers compensation benefits for your injuries on the job. You have a claim for personal injuries against the... View More
The same defendant has a workman compensation trial coming up soon; would like to know if accepting a no contest plea in the criminal case can be admissible in the workman compensation ? Should client accept plea deal.
answered on Aug 22, 2017
Pretty much EVERYTHING is admissible in a workers comp case. If there is a question as to whether or not a body part was injured on the job, and the WC Judge has to decide if that injury happened at work or away solely based on the injured worker's truth-telling, the WC Judge isn't... View More
I'm confused all has been done just waiting for what ? 5 year workers como case and might need a trial ? What is trial for ? No offers at all please help I've been struggling
answered on Aug 18, 2017
If you had an interview with Vocational Expert, then you have a lawyer: you'll be paying that lawyer Thou$sand$ and you should insist on a brief face-to-face meeting to know the next 3-4 steps... for the thousand$ you'll be paying this person, they owe you that. That said, THE INSURER... View More
I dislocated my kneecap at work seven months ago. Was cleared to go back to work things have been better but my knee still makes a popping sound so I was going to appointments with an orthopedic monthly and was about to start seeing a PT. Just yesterday I was not at work and my knee popped out of... View More
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answered on Aug 17, 2017
You have asked a very important question. If the same knee popped while you were doing your usual and customary activities, there is no reason why a doctor or adjuster should deny this. However, many do. In addition, if any other body part such as the other knee, low back, etc or lower extremity... View More
answered on Aug 15, 2017
If there is an Agreed Medical Evaluator, that means you have an attorney (only people with an attorney get to use an AME). You'll be paying this lawyer ten$ of thou$ands so you should be getting these questions answered from the individuals purporting to be your lawyer. That said, the... View More
And my new job open a workers comp claim sent me paper work saying to note any injury 10 years back in if I don't tell the truth it perjury only receive 100 bucks now I'm back to work full time,should I report old injury even though it's a different part of the body.
answered on Aug 13, 2017
You must answer the question they've given you honestly and openly. You should disclose any previous work related injuries you suffered within the past 10 years, regardless of what part of your body. Failure to do so could cause you problems with your claim and harm to your credibility.
i was grabbed by the anesthesiologist by the neck with his two hands i don't recall this, the wcomp. doctor informed me of this on my follow-up visit with him. he told me that the hospital was concerned about this situation and are conducting an internal investigation! this was on may the... View More
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answered on Aug 13, 2017
Here is the Attorney I suggest consulting. Mr. Brian D. Witzer.
Tell him that William C. Head from Atlanta referred you to him.
witzerlaw.com
Address: 8752 Holloway Dr, West Hollywood, CA 90069
Phone: (310) 777-5999
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answered on Aug 10, 2017
I suggest that you meet with an experienced workers compensation attorney who will address that problem and get your claim opened. Good luck.
I have requested a trial before the judge many times but I have been ignored there have been many mistakes made. My input has not been listened too and they have believed the defense who has been dishonest. I have worked on my case myself to get mileage and providers when my attorney says after... View More
answered on Aug 8, 2017
I'm so sorry this is happening to you... sadly, it is not unusual. The system is not set up for timely, rapid resolution...it seems set up right now to allow every possible way for the insurer to legally decline payment. Sadly, you get nothing for losing you home and not finishing the... View More
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