Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I was put on permanent & stationary disability August 16, 2016 - my employer neglected to offer a regular, modified, or alternative job within a 60 day time frame - making me eligible for the SJBD voucher!
I've been waiting for my attorney & adjuster to grant me this is SJBD... View More 
answered on Jun 18, 2017
you will be paying your lawyer thousands -- maybe 10s of Thou$ands -- of your final recovery, you need to be able to communicate with your lawyer that you expect him to battle for you and get the voucher you are due, or explain simply and clearly why the voucher is not available in your instance.... View More
I was denied surgery twice although my doctor (the one they suggested) and their QME doctor both said that I needed the surgery. The claims adjuster said that I cannot appeal the surgery until a year later from the last denial date. (which will be in Sept). They want to settle with money and... View More
answered on Jun 18, 2017
Did "they" (a UR Physician? an adjuster?) deny surgery according to all the rules and regulations??? was the surgery requested in in line with the regulations?? If it was late, did you file to move the surgery request in front of a WCAB Judge to decide?? How much does this... View More
answered on Jun 16, 2017
Yes and no. If the employer is trying to discuss your worker's comp injury, he may be required to find ways to accommodate your needs to return to work. The worker's comp lawyer will handle only the worker's comp matter, unless she also handles workplace harassment matters.... View More
I have been on temp disability for 3 months due to carpal tunnel syndrome caused by a work injury. A workers comp investigator is coming to my house next week for a recorded interview. How do I prepare for this interview which can be used against me. Is it a bad idea that they are coming to my... View More
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answered on Jun 16, 2017
Major Mistake!!!! Don't give any statements to any insurance investigators. They are trained to ask you questions that will make it easier to deny or reject your claim. They are also prior police or law enforcement officials that believe that all work comp claimants like you are normally... View More
answered on Jun 14, 2017
Injured workers must assert their rights very quickly, including getting a replacement check. You had 6 months in which to demand the check that you gave Mom cancelled and new check be issued. After that, the insurer is allowed to assume you got your payment and it can close it's file and... View More
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answered on Jun 14, 2017
Don't be anxious. Just keep in mind you save the envelope in which the check comes. Open any envelope from the comp insurance carrier with great care, preserving the post mark showing the date it was mailed. You might have to produce that post-marked envelope for a judge in the coming... View More
WC carrier asked for a list of ALL medical treatment providers seen in the last 5 years. Can I limit the info I profide to only that which is relevant to the WC injury claim?
answered on Jun 13, 2017
A reasonable limitation should be set rather than signing a blank form. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... View More
Discharged home w/wound open and infection continue. Employee Health discharge my case, and rwlease me to full duty. WC insurance closed my case. Is that right, what to do?
answered on Jun 10, 2017
Get an attorney and DO NOT SIGN ANYTHING. If infection is of injured body part, that is work related. Talk to an attorney immediately.
Through workers comp the doctor told me I'm going to need non invasive surgery and I'll probably be out until October he I was told to apply for edd because I would get income faster because I really need the money my doctor signed the edd from application and said I was disabled and I... View More
answered on Jun 10, 2017
Apply for EDD. As to medical attention the employer is obligated to pay up to $10K while your claim is in delay. I highly recommend that if you do not have an attorney that you get one. Remember Work Comp attorney's work on a contingency fee which means you have no upfront cost and you pay... View More
I hurt my thumb using a grinder at work and head to reattach my ulnar collateral ligament . Date of injury is 2/18/16 and surgery was 5/5/16
answered on Jun 10, 2017
If you go against the restrictions that your doctor is recommending yes it might because they may bring you new employer as a party. If you look for jobs which would not require you to use your body parts claimed as injured you should be OK.
is this legal?
answered on Jun 9, 2017
SADLY, YES, it is perfectly legal and approved in law voted by your State Assemblywoman and State Senator (and Gov. Brown) that if the insurer hires a physician to 'non-certify' their own treating doctor's demand for an MRI, you are denied. You can try to appeal with an Independent... View More
And still receive the full fee so no other WC lawyer will take your case? What can I do now to get another lawyer.?
answered on Jun 7, 2017
Yes he can. You can petition the court to not allow him to do so. However I do not think you want to obligate an attorney to stay in your case. Understand that if you get another attorney he will get that same 15% you promised the first attorney. So they would have to fight it off. Call local... View More
Injured in November 2016. Surgery April 5, 2017.
Is there a time frame that I have before I must return to work?
answered on Jun 7, 2017
That cannot be answered by any attorney by the limited facts provided. The decision is a medical determination and how fast you heal and are able to return to work.
I had surgery for a Slap Tear in my shoulder in Sept. My lawyer got me a settlement which included my voluntary resignation last Tuesday & I went into my lawyer's office 2 days later to sign all paperwork.
answered on Jun 7, 2017
https://eams.dwc.ca.gov/WebEnhancement/RequesterInformationCaptureScreen.jsp?logout=out
Go into the link provided and input your information. Check events. If or when it shows that Workers Comp Judge approved your settlement the insurance has 30 days to issue check. Or avoid all that... View More
I am on temporary disability due to a work-related repetitive motion injury. My contract is up at the end of the month but they have always renewed it. Is it legal for them to not renew my contract if I cannot work for them during this temporary time?
answered on Jun 7, 2017
If they do not renew your contract and no work is available for you based on your restrictions they will be liable for TTD for such periods. If they do not renew your contract I would suggest that you consult with an employment attorney that would be more fit to answer that question. Good Luck.
I filed a workers comp case because of the injury and that is still under review. I haven't received any work comp payment's or withdrawn from the SDI account. My question is this. There is a possibility that I may be offered another job with another employer involving different work. Not... View More
answered on Jun 7, 2017
I would get a job description from your new job offer and provide to doctor to determine if you can perform duties based on your medical condition. If the doctor determines that based on your condition you can perform such duties without aggravating your injury you should be OK. I would strongly... View More
Took future medical on certain body parts as my settlement and now they are denying what my neurosurgeon says I need. They are now denying my medications as well. How can I fight a case that's already been won? What can I do?
answered on Jun 6, 2017
Actively campaign against your Assemblywoman, State Senator and Governor, because the law they put in to 'fix' workers comp let's adjuster deny all the injured workers' treatment! The California Labor Code forces the worker to see the insurer's doctor, then let's... View More
answered on Jun 6, 2017
You can suggest a Compromise & Release Agreement wherein you surrender you future medical rights for cash BUT the insurer is under no requirement at all to provide such a settlement.
Instead of demanding they cash out your future medical rights, consider getting a lot of medical bills... View More
After filing a stress claim and repeatedly asking my attorney for me to see a psych. Doctor I was finally able to see one a yr. Later from filing the claim. I voiced my concern how I feel my employer is trying to sabotage my claims and this is when I was given an appt. To see doctor.
I... View More
answered on Jun 2, 2017
You can consult with another attorney for a second opinion re: your employment claims. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More
but I am getting paid $20 ph. my question is, is the insurance required to pay my workerscomp based on my first pay or second pay
answered on May 30, 2017
Neither. after 104 weeks, the insurer doesnt pay any 'workerscomp' as you call it. Temporary Disability payments are due by the insurer for 104 weeks after they begin, then no more (unless you're a burn victim or having a joint replacement). So if you received even one week of... View More
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