Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Important due to natures of injuries the right confidence in the lawyer is very important. Not looking for mill type of style. Someone who still answers their phone and takes time to see if they can manage this type of case. After ten months more injuries getting discovered. Going to behavioral... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
In California, finding a workers' compensation attorney who aligns with your needs and preferences is crucial, especially given the complexity of your case. It's important to look for an attorney who is not only experienced in handling workers' compensation claims but also attentive... View More
What happens after that? If my injury is still being treated and I still can’t work can they stop paying me after one year? I only yesterday got my back injury diagnosis every thing takes forever to be approved etc
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
In California, workers' compensation insurance typically covers medical treatment for as long as it's necessary, related to the work injury. The one-year timeframe often mentioned refers to the statute of limitations for filing a claim, not the duration of medical coverage.
If... View More
Am hesitant to sign up with atty and be stuck with one who does quantity over quality. I had four fractures plus torn ligament and now spine surgeon yesterday said my back got injured but needed no surgery. Need a great workman atty that is not too big or small. How does one find the quality type ?... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
Finding a workers' compensation attorney who focuses on quality representation rather than high-volume caseloads can be a critical step in ensuring your case gets the attention it deserves. Here are some strategies to help you find a suitable attorney:
1. Seek recommendations from... View More
Am hesitant to sign up with atty and be stuck with one who does quantity over quality. I had four fractures plus torn ligament and now spine surgeon yesterday said my back got injured but needed no surgery. Need a great workman atty that is not too big or small. How does one find the quality type ?... View More
answered on Jan 24, 2024
One of the previous answers suggesting there may be a civil case cross-over is very good and something you should look into. Depending on how the injury occurred there may be options outside of the Work Comp arena. If a 3rd party had some responsibility for the injury you may be able to also go... View More
I went to new work comp doctor and they drug tested me.
They sent paper saying determination was non certify
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024
In California, if your drug screen report from a workers' compensation doctor states "determination- non certify," it could mean that the test results are inconclusive or cannot be certified due to a possible error or irregularity in the testing process. This outcome might affect the... View More
I was taken to the ER and my driver license was suspended. I’ve been having 3 seizures after the incident but have not gone to the ER because I do not want my license to be suspended for longer. Can I sue my employer under their WC policy?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024
In California, if you were injured at work, you generally have the right to file a claim under your employer's Workers' Compensation (WC) policy. This includes injuries resulting from incidents like fainting and hitting your head, as you described.
To initiate a claim, you should... View More
A coworker who position is lower than mine (but had seniority) would put me to do her tasks, despite her being aware of my limitations/health issues. I file an incident report against her and was still put to work with her. I have filed 2 incident reports against her. I was still put to work with... View More
answered on Jan 12, 2024
You need to talk to a workers compensation attorney.
Whether you have rights in a civil suit depends on a lot of factors. If your employer was discriminating or retaliating against you on account of a disability, or failing to accommodate a serious health condition, you might have claims... View More
A coworker who position is lower than mine (but had seniority) would put me to do her tasks, despite her being aware of my limitations/health issues. I file an incident report against her and was still put to work with her. I have filed 2 incident reports against her. I was still put to work with... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024
Your situation sounds challenging and stressful, especially with the physical and emotional toll it's taken on you. In California, workers' compensation is designed to provide benefits to employees who suffer work-related injuries or illnesses, regardless of fault. Given your description,... View More
32% impairment rating. employer most likely won’t take me back because of my work restrictions
answered on Jan 3, 2024
The time frame from MMI to settlement can be as short as a few days or it can be months. However, the better question is, how long from MMI to settlement check in hand? Once the case settles, it must be approved by a work comp judge, which can also take days or weeks depending on the judge. Then... View More
32% impairment rating. employer most likely won’t take me back because of my work restrictions
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024
The timeframe for settling a workers' compensation case after reaching Maximum Medical Improvement (MMI) and receiving an impairment rating, like your 32%, can vary. It depends on several factors, including the complexity of your case, the stance of your employer and their insurance company,... View More
I injured my arm at work 7 months ago and immediately reported it. 6 months ago, I signed the authorization to release records pertaining to my injuries. I’ve asked my claims adjuster 3x for a copy of those records, which I’m entitled to, and each time he said he’d send them to me, but I... View More
answered on Dec 31, 2023
1) challenge the PTP report and request a Panel QME in orthopedics or pain medicine
2) write a formal letter to the adjuster requesting a copy of your records and anything sent to the PTP
3) If you don't receive the medical records promptly request a court date and have the WCJ... View More
I injured my arm at work 7 months ago and immediately reported it. 6 months ago, I signed the authorization to release records pertaining to my injuries. I’ve asked my claims adjuster 3x for a copy of those records, which I’m entitled to, and each time he said he’d send them to me, but I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023
In California's workers' compensation system, there are specific rules regarding the exchange of medical information between the injured worker, the claims administrator, and medical evaluators. The claims administrator is responsible for providing relevant medical records to the... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 15, 2023
In California, if you're concerned about ensuring the equitable distribution of your late mother's settlement, it's understandable to seek a formal agreement with your brother.
A notarized agreement can indeed be drafted to outline how the settlement funds will be managed and... View More
My mother was a Psychiatric Technician at Patton State Hospital. She was injured at work in 2004.
She was deemed disabled and medically retired due to her injuries sustained at Patton. She initiated a lawsuit in 2005 against workers comp/state fund. She passed away in September of 2020. In... View More
answered on Dec 15, 2023
Assuming your mother lived in California, the response to your question can be ascertained once you answer two questions: (1) Did your mother have a Trust or Will? (2) What is the collective dollar value of your mother's assets as of the date of her death? If her assets were valued at... View More
I went through Kaiser pain mgmt program last Oct. 2022 and since then my pain medications have been slowly stripped down to just 45 mme of MSCONTIN 15mg of Extended Release by dr's who are not pain specialists. This is 3 pills a day. It used to be 4 pills a day They took away my breakthrough... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2023
It's important to understand that healthcare providers, including Kaiser, often have policies regarding the prescription of opioids, which are influenced by various guidelines and regulations. These policies aim to balance the need for pain management with the risks associated with opioid use.... View More
The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2023
Under California law, employers are generally required to provide reasonable accommodations for employees' medical needs, which includes allowing time off for medical appointments. However, the specifics can vary based on the employer's policies and the nature of the job.
If the... View More
The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More
answered on Dec 4, 2023
Per the labor code section 132(a) your employer is not allowed to discriminate against you for filing a workers compensation claim. Further, you are entitled to a day of Temporary Disability for a med-legal evaluation. If this is regular treatment, I believe you do have a claim for discrimination... View More
Due to a mass layoff. Does this mean I can file for unemployment.
answered on Nov 30, 2023
yes, but there may be some issues because you are filing late and there is a statute of limitations for unemployment benefits. It the statute has run, then you are barred from receiving benefits though you can probably apply on-line.
Normally to receive WC benefits you must attest that you... View More
Due to a mass layoff. Does this mean I can file for unemployment.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2023
Under California law, signing a workers' compensation settlement does not automatically disqualify you from filing for unemployment benefits. However, there are specific conditions that must be met to be eligible for unemployment.
Firstly, you must be unemployed through no fault of... View More
or to the employer?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2023
Under California law, a workers' compensation lien generally applies to the insurance carrier, particularly in cases where a settlement has not been reached. This lien is intended to ensure that the insurance carrier recovers a portion of the benefits paid out to the injured worker, especially... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
