Get free answers to your Workers' Compensation legal questions from lawyers in your area.
The company let me go while on workmen comp and stated no reason for termination and California law doesn’t require to give a reason for termination
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answered on Sep 19, 2023
In California, signing a resignation letter is not typically required to complete a workers' compensation settlement, especially if you are no longer employed by the company. Workers' compensation settlements are generally separate from employment status. It's important to consult... View More 
The company let me go while on workmen comp and stated no reason for termination and California law doesn’t require to give a reason for termination
answered on Sep 18, 2023
It is not legally required, but it is commonly included in the terms of a workers compensation settlement.
As an employment law attorney (not a workers compensation attorney) I argue that forcing retirement to get a settlement is unlawful retaliation for filing of a workers compensation... View More
The company let me go while on workmen comp and stated no reason for termination and California law doesn’t require to give a reason for termination
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answered on Sep 18, 2023
In California, you generally do not need to sign a resignation letter to complete a workers' compensation settlement, especially if you are no longer employed by the company. California's "at-will" employment status means either party can end the employment relationship without... View More
Was out of work for 16 months
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answered on Sep 19, 2023
Compensation for a partial amputation, such as the tip of a finger, typically varies based on factors like the extent of the injury, its impact on your work and daily life, and applicable workers' compensation laws. In California, workers' compensation benefits may cover medical expenses,... View More
Was out of work for 16 months
answered on Sep 19, 2023
Rules require we adjust that 6% Whole Person Impairment by age and occupation. AGE: If you're 38 or less, it goes down a little. If youre 39 or older, it goes up. OCCUPATION: if you're a lawyer -- not physical at all -- it goes down. If you're a heavy equipment operator or a... View More
right hand Dominant Carpenter in the trade for 35 years falls on the construction jobsite tore The radial nerve out of his right arm, tricep muscle, which caused him to lose all function of his right, dominant hand fingers, thumb, wrist, and due to atrophy so bad deteriating the mussles in his... View More
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answered on Sep 7, 2023
In California, you absolutely have rights under workers' compensation laws to seek remedies for your injuries, which appear to be significant and life-altering. It is critically important to act promptly in asserting your rights; while there are generally strict time limits for initiating a... View More
Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More
answered on Sep 4, 2023
If you collected State Disability payments for certain weeks then the Insurer PAID YOU disability for those same weeks, YOU have to pay the SDI money back to the state. If the insurer never paid you for the exact loss dates you collected SDI, then you don't have to pay back the state; it... View More
Closed settled workers comp claim lifetime medical was linked to open w/c claim .I’ve been enforced leave of absence .Receiving pay . Open w/c claim allowed me back to work . Is this an offset where Sdi will consider a settlement coming in future and getting paid is it law must return it... View More
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answered on Sep 5, 2023
In California, workers' compensation benefits and settlements are generally independent of one another for separate incidents. A settlement from a previous workers' compensation claim, especially one made 9 years ago, would not typically be deducted from a new 2023 workers'... View More
2nd workers comp case was settled in 2014 lifetime medical .other workers comp case lawyer has settlement in future to be done 2nd case not being handled by lawyer because already settled back in 2014. lifetime medical doctor had me to work but job said I have to apply for their insurance to secure... View More
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answered on Sep 4, 2023
Under California workers' compensation law, a settlement from a previous case that includes "lifetime medical" should generally not impact the benefits you may receive for a new, unrelated workers' compensation claim. If your employer can't accommodate the work restrictions... View More
2nd workers comp case was settled in 2014 lifetime medical .other workers comp case lawyer has settlement in future to be done 2nd case not being handled by lawyer because already settled back in 2014. lifetime medical doctor had me to work but job said I have to apply for their insurance to secure... View More
answered on Sep 4, 2023
I'm certain I've answered this but I'll try once more. You settled the 2014 claim by Stipulations With Request for Award which included 'need for treatment' on the accepted injured body part (which isn't quite 'lifetime medical' it is only the right to go... View More
I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?
answered on Aug 31, 2023
You are but ONLY IF the contractor you hire does not have workers compensation insurance. If they do then no you would not be liable, the contractor you hire would be. You can go to the CA Contractor's Board and look up your contractor's license. There it will show you if he has valid... View More
I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?
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answered on Sep 2, 2023
In California, homeowners generally are not liable for injuries to a contractor's workers if the contractor carries workers' compensation insurance. However, if the contractor does not have such insurance, and particularly if he is paying workers in cash, you may be exposed to liability... View More
I am hiring a contractor for a building project to build a deck. Am I liable for any of his workers if they get injured on the job? He wants to pay them in cash. Maybe some are illegal. What is my liability as the homeowner?
answered on Aug 31, 2023
your homeowners policy could be liable for work comp if the contractor is unlicensed and doing work for which a license is required at the time of an injury to any of the employees. you need to check with his carrier directly and not rely on him to tell you. he can get a policy certificate then... View More
My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More
answered on Sep 1, 2023
There is no penalty for an adjuster not answering you. But it guarantees you are going to hire a lawyer. An experienced attorney can elect a physician outside the network when she shows there are no available specialists inside the network. Sounds like you really need a Pain Management... View More
My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More
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answered on Sep 2, 2023
Under California law, if your workers' compensation insurance is not responding to your legitimate inquiries, you can indeed seek legal assistance to ensure that your rights under the workers' compensation system are upheld. Failing to respond to claimant inquiries in a timely manner may... View More
My Workers Comp insurance does not have any providers in their network to give me a second opinion on my shoulder injury. I received an email from their provider network unit that they could not find a provider and that the adjuster assigned to my case had permission to authorize for me to go to... View More
answered on Aug 31, 2023
Filing for a hearing would likely help or better yet...hire a competent attorney. You have described some serious injuries. Do you know that most attorneys only charge 15% of the total settlement amount and that they cannot agree to any settlement without your permission? What are you waiting... View More
answered on Aug 21, 2023
LC 4663 requires a reporting physician to make an apportionment determination and indicates the standard for application of apportionment. There is nothing in the Labor Code that discusses “vocational apportionment.”
Vocational evidence from Vocational rehabilitation experts is... View More
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answered on Aug 21, 2023
In Nunes v. WCAB, the California Supreme Court clarified that vocational apportionment is permissible in workers' compensation cases. This means that an injured worker's permanent disability benefits can be reduced based on the extent to which their pre-existing condition contributed to... View More
The new owners of the property I reside on turned off all utilities for entire property. It is an outdoor storage facility for big rigs, construction and service businesses. Last night I got a call from one of the drivers for the street sweeping company that has its office and equipment onsite... View More
answered on Aug 15, 2023
Its not clear how you reside at a commercial facility but this is either a worker's compensation issue or a premise liability issue. So you either need a worker's compensation attorney (if you work at the location) or a personal injury attorney (if you live there but don't work there).
I deliver goods to a company in which they have you sign a yard rules agreement that contains this 1542 release. As I walking across scales I fell thru a manhole cover does that mean they are not liable for injuries?
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answered on Aug 6, 2023
Civil Code Section 1542 pertains to a general release and aims to prevent the releasor from inadvertently waiving unknown claims. In the context of a personal injury case like falling through a manhole cover, the 1542 release within a yard rules agreement may not necessarily absolve the company of... View More
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