Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I injured my shoulder in January because I left heavy boxes and do repetitive work. I let the manager know I was hurt and she didn't seem too concerned and even suggested that I was injured somewhere else. She continued to ask me if I had seen my personal doctor for months after that but since... View More 
answered on Aug 7, 2017
Quitting is THE WORST move in the middle of a workers comp claim!! If a reporting physician writes you are capable of modified duty and you quit, the insurer does not have to pay you a dime. The employer will claim that if you just had not quit, the employer would have provided light work per the... View More
Prior to this hurt My knee at work severe knee sprain and now I got a deposition and a qme appointment I've been stressing my head hurt my knee is killing my having trouble at home do not know what to do I'm lost Ice been denied because they say lack of medical evidence I've been to... View More
answered on Aug 6, 2017
DO NOT ATTEND a deposition Aug 9 without a lawyer!!! I can see from the word order on this question that English is not your native language. YOU WILL say something that will end your claim and you will get nothing. CONTINUE THE DEPOSITION -- in writing -- until you get a lawyer. You need A... View More
My job consisted of some heavy lifting. My wrist began to bother me on Thursday but I didn't think much of it. Friday my wrist bother me alot more. I let the Assistant Store Manager know who told me to "try and taken it easy". I had the weekend off. Come Monday I went back to work... View More
answered on Aug 2, 2017
QUITTING IS THE WORSE POSSIBLE DECISION AN INJURED WORKER MAKES. These facts presented here do not indicate that you put a Workers Comp Clain IN WRITING prior to quitting. So filing a Workers Compensation Claim form today means the insurer can deny the claim as a non-compensable POST-SEPARATION... View More
answered on Aug 2, 2017
'Permanent Disability Indemnity' advance payments are required by the Labor Code: when an adjuster is made aware there is permanent disability, she is required by law to start paying PPD (permanent partial disability) checks every two weeks up to a 'reasonable' amount. The... View More
I received the letter 6/24/16 & 12/08/16(this time with check enclosed). It mentioned future medical. I didn't sign or cash check because I'm still getting treated for pain. Just received a new letter asking if I need it reissued. Should I sign it or contact adjuster? I want the... View More
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answered on Jul 31, 2017
It is generally a bad idea to sign something you do not understand. The adjuster is probably working for the "other side" and may not have your best interests at heart.
It is not possible to comment on the letter without seeing it. It would seem to be a false economy to try to... View More
I also have been getting paid half of my rate when working overtime. I tried to contact the supervisor, but they have not gotten back to me in over a month. Can I sue them for that as well?
answered on Jul 26, 2017
Is this your company, like you are the owner? Or are you an employee? If you are an employee, you can sue the company (not specifically the payroll department). However, you may find it cheaper and easier to file a complaint with the Labor Commissioner. Labor attorneys do often offer free... View More
The company I used to work for and their workers comp insurance accepted my claim I went through years of therapy and doctors all agreeing that I am 100% disabled but now after 4 and a half years they send me to one of their doctors even after I have seen all sorts of qualified specialists now... View More
answered on Jul 26, 2017
'THEY ARE TRYING TO DENY MY CONTINUING CLAIM' needs some clarification. Does this mean you received a written notice the insurer now denies it is responsible for anything at all? Are you saying the insurer wrote it has no liability?
OR: are you trying to say when a doctor... View More
I live in San Jose, CA and minimum wage increased to $12/hour on July 1st. I am a minor and my boss said that he only has to worry about raising the salaries of his employees that are 18 or older. Thanks.
answered on Jul 25, 2017
No. See: https://www.dir.ca.gov/dlse/faq_minimumwage.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and... View More
Claim denied. Completed 2 QME's, #1 indicated industrial causation, #2 let to trier of fact with a 95% apportionment to personal action and a GAF of 53... both stated TTD as of 12/2016. Defense trying to get me to another QME and back to #2 QME for re-eval (both recommended treatment... never... View More
answered on Jul 25, 2017
You are permitted to submit a motion to quash to subpena commanding you to attend a deposition. Most depositions are not set by subpena. But if volume two of yours is, you would have to prove (not assert, actually prove) that the deposition would require travel of more than 100 miles, testimony... View More
I don't feel that my temporary disability has been calculated correctly. On March 16, 2017 I was showing property to a client and the stairs caved in. I was badly injured and have not returned to work since . My income has always been commission only . The claims adjuster asked my employer... View More
answered on Jul 23, 2017
Most Workers Comp judges take just the 52 weeks leading up to the injury, add up earnings and divide by 52. And you've described the adjuster did just this. The Labor Code says the adjuster is to use the 'Average' weekly wage. There IS case law permitting the judge to use other... View More
answered on Jul 23, 2017
YES! There are free online rating programs and the attorney can rate it for a janitor or a care-giver or a cook and see if any are higher using a different part of the job... I still get a Consultative Rating from the Disability Evaluation Unit of the DEU. But if that State Rater only rates for... View More
answered on Jul 22, 2017
Employers sometimes get higher workers comp insurance rates when a claim is paid out. An employer may have to go to a new workers compensation insurer entirely, which takes time which is money. Self-insured and legally-uninsured employers pay the settlement directly. How bad? it depends on the... View More
answered on Jul 18, 2017
It depends on the facts, but you may be able to sue where he died, where he lived, or where the defendant lives/ does business. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read... View More
Have gone sky high. Is it legal for him to close the business and re open it under my name? I am not on the business now.
answered on Jul 18, 2017
If his goal is to try to avoid the WC claim, that tactic may land him in bigger trouble. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... View More
answered on Jul 8, 2017
Judge's don't take sides, or aren't supposed to. A mediator might recommend a settlement, but Judge isn't likely to do that.
I was awarded 100% disability 2 years ago and although my attorney has been paid in full, the insurance company is essentially refusing to pay me the awarded funds. Is it legal for them to run me around indefinitely or is there a time frame for which they must work out either the compromise and... View More
answered on Jul 7, 2017
Insurers are NEVER required to enter into either a structured settlement or a compromise & release agreement. The California Labor Code requires that the insurer pay out the Permanent Disability indemnity ordered by the judge and nothing more; if there is an award of 'future medical... View More
Hand injury on non-dominant hand
answered on Jul 7, 2017
Win? not exactly. The doctor writes about loss of functioning as "Whole Person Impairment". If the doctor writes you have 4% Whole Person Impairment (it might say WPI, for short), then the Disability Evaluation Unit rates that report for permanent disability.
THE DOCTOR... View More
I fell at work and broke my wrist. I had surgery and it never healed. The screw stripped out and I have bone floating around on the end of the screw, causing tons of pain. I am seeing a new doctor who requested surgery several months ago and in the meantime I'm enduring severe pain while still... View More
answered on Jul 6, 2017
Yes, you can go to the emergency room when pain is unbearable... the trouble is the hospital will bill you personally, and when you tell them it is a work injury you may be refused care. TAKE EVERY SHRED of detail on the comp claim: the claim number, the adjuster's fax and phone, the... View More
the work comp insurance accept the neck injury but deny my back injury because 2 years ago I didn't mention in the paper.
Now my employer has change different work comp insurance. Do I pursue the previous insurance or start new claim with the new insurance for my back injury? Im... View More
answered on Jul 6, 2017
BOTH. You really should sort this out with an attorney specializing in Workers Comp only. You have a denied claim on the neck from 2015; but you kept on working, performing all regular duties?? That could be medical evidence that you did not sustain a labor-disabling back injury. Were you... View More
The latter being my date of injury. My income is Commission ONLY. 5 days after my injury a substantial commission check came through , this check, when added to my yearly calculated income would cause an increase in my weekly temporary disability. This commission check was solely for work that was... View More
answered on Jun 20, 2017
The Labor Code says you get the percentage of average weekly earnings 'at the time of injury'. So most WCAB judges use the 52 weeks leading up to the date of injury, which is why the adjuster won't budge; she's seen judges use that formula for 20 years. YOU CAN request a... View More
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