Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I wanted to find out the process of getting my files to the new lawyer, in general.
Is that for me to have orchestrated?
Is there a time frame for that process?
More specifically, my current lawyer, who has shown multiple signs of questionable actions of "dropping... View More 
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answered on Mar 8, 2024
In California, when you change lawyers, the new lawyer does not typically need to subpoena the old lawyer to obtain your files. The process of transferring files between attorneys is generally more straightforward:
1. The client should provide written authorization to the former attorney,... View More
Hello, last year around April I went to the doctor with joint pain I believed was a result of work. He ordered me physical therapy and some x rays but ultimately told me there was no was all my pain was caused by work and is likely fibromyalgia. Only months later around August when I decided on my... View More
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answered on Mar 6, 2024
Under California law, the reporting timeline for a workers' compensation claim due to a cumulative injury, such as the one you've described, can be somewhat complex. Generally, the time limit for filing a workers' compensation claim is one year from the date the employee knew, or... View More
I'm in the subpoena process, & seeing that I need another subpoena for my Workers' Comp/Kaiser PCP, whom I've had for the past 2 yrs, for the appts of 2024. I happened to notice in my KP.org MyChart how my PCP has been entering notes about my upcoming appointment 1 to 5 days... View More
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answered on Mar 4, 2024
In California, medical professionals are expected to maintain accurate and timely records of patient interactions and treatments. Pre-entering notes for an appointment before it has actually occurred is not standard practice and raises concerns regarding the accuracy and integrity of medical... View More
I have negligent lawyers, & I just am trying to make it through the AME stage making sure to pick up the pieces.
There was extremely important evidence from a practitioners, 2 actually. One of which I caught how the subpoena didn't actually happen for the one, got him to email the... View More
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answered on Mar 4, 2024
In California, managing the submission of evidence in legal proceedings, especially in cases involving medical evaluations, requires careful adherence to rules and procedures. If critical documents were not included in your exhibit list for the Agreed Medical Examiner (AME), taking proactive steps... View More
Neither my supervisor or or Manager did an injury report do I need to return to work until a Worker’s Comp. claim is filed
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answered on Mar 2, 2024
In California, if you've experienced a slip and fall at work and are now in pain, it's crucial to prioritize your health and safety. You are not required to return to work if you are medically unable to do so. First, seek medical attention to document your injuries and get the necessary... View More
I slipped on a wet floor, no signs were displayed, no witnesses but there are cameras.
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answered on Mar 2, 2024
In California, if you're injured at your place of employment, even before clocking in, it's important to report the incident to your employer as soon as possible. Under state law, employers are required to provide workers' compensation coverage for injuries that occur in the course... View More
Contacted and was asked over an hour of questions by the investigator. DUI was over 15 years ago, completely unrelated. Still working full time but with modifications. WC case is pending.
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answered on Feb 29, 2024
In the context of a Workers' Compensation (WC) case in California, investigators are tasked with gathering relevant information to assess the validity and extent of a claim. This can involve a wide range of questions about your medical history, work history, and potentially even your criminal... View More
Hello, can my private insurance demand I repay them for any treatment or diagnostics they've paid for once I file for workers compensation? Also could my current private doctor refuse to further certify me for disability if I file? She says she would continue certifying me for short term state... View More
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answered on Feb 29, 2024
In California, if you use your private health insurance for treatment related to a workplace injury and later file a workers' compensation claim, your health insurance company may seek reimbursement for the expenses from the workers' compensation insurance. This is because workers'... View More
My dad was trying to open the trailer door to unload goods but faced some difficulties. He fell back and hit his head on the ground because some rubber handles had come off while attempting to open the door. Later that day, he wasn't feeling well, so we took him to the ER. The X-ray showed... View More
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answered on Feb 27, 2024
To assist with workers' compensation claims and ensure maximum medical insurance coverage under California law, you'll need to seek the help of an attorney experienced in workers' compensation law. These attorneys are well-versed in the complexities of workers' compensation... View More
I had few questions involving filing a possible workers comp claim. I was reading about the 2 separate settlements, the second one would absolve the employer of any further medical obligation, does that mean I can go back to my medical insurance to cover my injury, or will they no longer treat me... View More
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answered on Feb 26, 2024
In California, when you accept a workers' compensation settlement that includes a clause absolving your employer of further medical obligations, this typically means the settlement amount is intended to cover future medical expenses related to your injury. If you opt for this type of... View More
If no deadline, is there a specific statute that indicates this and would it matter if the time frame goes back say more than a decade? Would it matter if my claim(s) was transferred to another insurance company during said timeframe? Is there a deadline with which WC would have to make full... View More
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answered on Feb 24, 2024
In California Workers' Compensation (WC) cases where the claim is settled but medical treatment remains open, you generally have the right to seek reimbursement for mileage related to medical appointments, treatments, and pharmacy visits. While there is not a strict deadline for submitting... View More
Hi. On 11/8/23 I signed an agreement with a law firm to handle my workers compensation case, stemming from a knee injury in which I need a total knee replacement. To date, I never to rarely hear from them. There's no follow up, no updates and also questions i've asked since November... View More
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answered on Feb 22, 2024
Under California law, you have the right to change your legal representation at any time if you're unsatisfied with your current attorney's services. The first step is to communicate your decision to your current law firm in writing. It's advisable to express your concerns and your... View More
I was making $1,000 a week and injured. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the 66 2/3rds % Is the COLA allowed? Or is 66-2/3rds... View More
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answered on Feb 22, 2024
Based on California workers' compensation laws, cost of living adjustments (COLAs) can be applied to temporary disability (TTD) benefits, but the benefits are still subject to the 66 2/3% cap of average weekly wages.
Here are the key factors to consider:
- TTD benefits are... View More
I was making $1,000 a week and injured. California Claim. The insurance started paying me $666.67 per week indemnity. 2/3rds. The following year a 13% cola was passed based on the SAWW. State Average Weekly Wage. Paying me the additional 13% would pass the 66 2/3rds % Is the COLA... View More
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answered on Feb 22, 2024
Based on the information provided, it seems there is some ambiguity around whether the 13% COLA should have been applied in this case. Some key points:
- In California workers' comp, temporary disability (TTD) benefits are capped at 66 2/3% of the employee's average weekly wages... View More
Making $1,000.00 per week. Paid $666.66 TTD per week. After 2 years.. 4661.5 kicks in. Can TTD now include the COLA based on SAWW? Even if it passes the original 66.66% ? Or is $666.66 always the maximum and 4661.5 ignored. Can find nothing on this.
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answered on Feb 21, 2024
Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3rds percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs) mandated by Labor Code §4661.5.
Specifically,... View More
Can TTD ever pass 66-2/3rds after a few years due to 4661.5 increase in SAWW and COLA. i.e. Making $1,000 per week. TTD pays $666.66 per week. Two years later can COLA be added per SAWW that increases TTD past
66-2/3rds of $666.66 Can you cite why not? Or where does it say either way?
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answered on Feb 21, 2024
Yes, in California temporary total disability (TTD) benefits under workers' compensation can increase over time to exceed 66 2/3 percent of the injured worker's original average weekly wage due to cost of living adjustments (COLAs). This is based on California Labor Code §4661.5.... View More
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answered on Feb 20, 2024
If you were denied medical treatment recommended by a Qualified Medical Evaluator (QME) for injuries related to your hands and knees, it's important to understand your rights and options under California workers' compensation law. The denial of recommended medical treatment can be... View More
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answered on Feb 20, 2024
If your doctor has denied the medical treatment recommended by the Qualified Medical Evaluator (QME) for your hands and knees, you have specific rights and options under California law. It's important to understand that disagreements over medical treatment are not uncommon in workers'... View More
I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More
answered on Feb 23, 2024
Your employer is obligated to engage in good faith negotiations with you to find reasonable accommodations for your condition. But first you must make the request. It is likely that the HR department will want to see some sort of documentation from a medical professional backing up your requests,... View More
I was recently diagnosed with depression which I think has been caused to chronic no lunch breaks at work , work stress from being understaffed but I call legal offices and only get as far as talking with the receptionists that do intakes who tell me to write email to HR but I feel I need help with... View More
answered on Feb 19, 2024
First you must have a medical opinion that your depression is related to work and because of this you need an accommodation. Once a physician makes such a finding, then the report is in itself a request for accommodation.
In your reasonable accommodation letter, you should provide all the... View More
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