Get free answers to your Workers' Compensation legal questions from lawyers in your area.
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2024
In California, employees have the right to request reasonable accommodations for disabilities, including mental health conditions such as depression, under both federal and state laws. This includes adjustments or modifications to the work environment or job duties to accommodate your condition.... 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 original 66 2/3rds % Is the COLA allowed? Or is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
There is a statutory maximum I know that cannot be passed. But what about an amount due to cola that passes 66.66% but is still below or at the maximum for the state. (California) This scenario is for a High wage earner pre 2003 accident where no 104 week cap exists for TTD. Is 66.66% ever... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
Good question. Based on California workers' compensation laws, a cost of living adjustment (COLA) can increase temporary disability (TTD) benefits, but the 66.67% cap would still apply in determining the final rate.
In detail:
- For injuries occurring after 2003, TTD rates are... View More
I signed form electronically for workers comp
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2024
A "Notice of Dismissal of Attorney" is a formal document that signifies the termination of your attorney-client relationship in a legal matter, such as a workers' compensation case. When you electronically signed this form, it indicated your decision to no longer retain the services... View More
A work comp pain management Dr gave him uncharted diabetic meds. Those were not monitored and caused heart and kidney failure because he was not a diabetic. He had to take dialysis and then died from cardiac arrest.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024
Under California law, workers' compensation typically provides the exclusive remedy for injuries or illnesses arising out of and in the course of employment. This means that, in most cases, employees cannot sue their employer or the workers' compensation insurance company in civil court... View More
I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024
In your situation, it's understandable that you feel uncertain and frustrated with the legal representation you've had so far. It's important to remember that it's never categorically "too late" to change attorneys in a workers' compensation claim. However, the... View More
I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More
answered on Jan 27, 2024
The fact is you are not going to be able to get a third attorney because you will be asking the attorney to accept a case where fees are split three ways. Nobody in their right mind is going to jump into your case for a third of the pie, especially with a disgruntled client. You state in this... View More
Can I get the rest of the bigger settlement stil If my employer refused my return to work at the end of my WC ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
Yes, you potentially could get the rest of the settlement if your employer refuses to take you back after your workers' compensation leave. Here are a few key points:
1) If you settled your workers' comp case for less than full value because your employer agreed to give you back... View More
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
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
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
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
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
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
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
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.
