Get free answers to your Workers' Compensation legal questions from lawyers in your area.
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 
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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
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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
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
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
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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
Due to a mass layoff. Does this mean I can file for unemployment.
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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
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
or to the employer?
answered on Nov 18, 2023
The carrier. They want their money back (or a percentage of it) from your award. It sounds like you have a third-party personal injury action. Your employer is not likely to be asserting a lien. But check with your attorney for definitive guidance based on your situation. Good luck
or to the employer?
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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
What form does my doctor fill out to request my wife being home from work to care for me.
answered on Nov 14, 2023
My clients who have had some success with this are without assets and entitled to In-Home Support Services, IHSS. So the Treating PHysician writes you require HOME HEALTH CARE with a Care Provider, You apply to In-Home Support Services IHSS for a caregiver and your wife applies to be your... View More
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answered on Dec 11, 2024
You can find reliable reviews of workers' compensation lawyers through trusted legal directories like Avvo, Martindale-Hubbell, and your local bar association's referral service. These platforms often include detailed client feedback, peer ratings, and disciplinary records to help inform... View More
answered on Nov 27, 2024
Yes you are describing an injury that occurred at work. You have a work comp case. Of course the carrier will deny it. So hire an attorney and prove it up! It’s easy for you the lawyer does all the wound you pay nothing out of pocket ever.
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answered on Oct 31, 2024
They don't need your consent. Workers compensation claims are a public record. It seems that they just confused two people with the same name.
I was fired because I refused to get vaccinated while being on work comps benefits for an injury i sustained at work. This happen on January 2022. Can I sue my ex employer since now the laws have changed regarding the covid vaccine
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answered on Oct 26, 2024
Your situation involves several complex legal factors since it occurred during the height of workplace vaccine mandates in 2022. While vaccine mandates have indeed changed since then, legal claims typically need to be filed within specific time limits after the termination occurred.
You... View More
I know you can us it in civil matters, I just can't figure out if you can in Workers Compensation matters or not since WC is not a civil case.
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answered on Sep 26, 2024
In California, a medical provider cannot use a time limit demand in a workers' compensation case in the same way it's used in civil matters. Workers' compensation is governed by a different set of rules and processes, which focus more on medical treatment, disability benefits, and... View More
I was injured on a Tuesday at 6:20am and reported the injury a little after 11am since I notice I kept having pain. The incident report wasn’t done till the next day because one of the managers wasn’t onsite. My question is, can I go to my pcp? I feel like the workers comp doctor isn’t doing... View More
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answered on Aug 27, 2024
You have the right to seek medical care if you believe your condition isn't being properly addressed. In California, workers' compensation generally requires you to see an approved doctor initially, but if you're not satisfied with the treatment, you can request a change to a... View More
Dr changed my work status from “limited” to “no work”. I am scheduled tomorrow but the note has yet to be uploaded to my portal so I have no way of giving it to my employer. Am I expected to return to work?
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answered on Aug 17, 2024
If your doctor has changed your work status to "no work," you should not return to work until that status is communicated to your employer, even if it hasn't been uploaded to your portal yet. You are responsible for informing your employer of your updated work status as soon as... View More
Please note: 2 years ago I was in Chicago for work and was told I can submit my Uber receipts for reimbursement. We use uber once,twice a week as to not drink and drive. But now this year they denied my Uber reimbursements. They said my work van is my transportation, essentially making my personal... View More
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answered on Aug 12, 2024
When working out of state, your company's responsibility for your transportation expenses, like Uber or Lyft, typically depends on the company's policies and whether your travel is considered part of your work duties. If they previously reimbursed you for similar expenses but are now... View More
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answered on Aug 11, 2024
Your fired lawyer’s name might still be on your paperwork because the legal documents were prepared before your lawyer was dismissed, or the paperwork hasn't been updated yet. Once you change your legal representation, it's important to notify all relevant parties, such as the... View More
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answered on Jul 20, 2024
Under California law, you have the right to seek justice and compensation if you've been assaulted at work by a fellow employee. Given the severity of your injuries, which include two fractures to your jaw, you can pursue both criminal and civil actions against the assailant. The fact that the... View More
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