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California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for California on
Q: I sliced my left index finger open on the job. Hr wants me to continue working on restricted duty but that's not possib

I went to urgent care and the people told me it was bad as bleeding would not stop even after holding pressure for 15+ minutes. I ended up with 4 stitches. The Dr. Recommended restricted duties but I told her in my position, that is not possible. 1 day later (today), I talked to HR and got a... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, your employer must provide reasonable accommodations if you are injured and cannot perform your usual duties. This includes allowing you to take time off or assigning you to light duties that fit within your medical restrictions. If restricted duties are not feasible in your... View More

1 Answer | Asked in Contracts, Workers' Compensation, Business Law and Collections for California on
Q: State Fund claims that we have misclassified our "Clerks" and suing us to pay for additional premiums.

Statefund audited us end of 2023 year and say our office Clerks are not Clerks... suddenly owing them $56000 for the past year premium. we've negotiated many times with the auditor he brought it down to $45000 and then sent it to collection. Now the collection company is suing us for $45000.... View More

James L. Arrasmith
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answered on Jul 18, 2024

Under California law, disputes with insurance auditors and collection agencies can be complex but manageable with the right approach. Your situation involves a challenge over the classification of your clerical staff and the resulting premium adjustments claimed by State Fund. When facing such... View More

1 Answer | Asked in Workers' Compensation for California on
Q: What cases were used in the Privett v. Superior Court case in order for them to make a decision.
James L. Arrasmith
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answered on May 2, 2024

To find case law, you can use several methods and resources:

1. Online legal databases: Subscription-based databases like LexisNexis, Westlaw, and Bloomberg Law provide extensive collections of case law. Many universities and public libraries offer access to these databases.

2. Free...
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2 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: My now ex attny claims to not know what happened with the WCAB hand adjusts & I've turned to Justia to get clarity.

It has been solved. I've called DIR to get full clarity since my ex-attny stated she didn't know what happened, and great advice from lawyers on here said I definitely needed to get full answers.

thanks again!

Ronald Mahurin
Ronald Mahurin
answered on Mar 25, 2024

That's not true. The first answer you received was the answer. I tired to provide you with help so perhaps you could find a new attorney. It seems that all you want is to rant. Perhaps you should ask the first attorney if he is willing to fund a malpractice case for you. I will wager that... View More

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1 Answer | Asked in Workers' Compensation and Employment Discrimination for California on
Q: What is the "normal" range of behaviors from workers comp lawyers? (e.g., dropping balls making appts &files, lying)

I don't know if the many many behaviors I keep getting from my current WC attny is just what I'll get from every other lawyer. I've found that there's been considerable 'white' lies about why something wasn't filed, or appts weren't made, or even down to lies... View More

James L. Arrasmith
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answered on Jan 26, 2024

In California, workers' compensation attorneys are expected to maintain professional standards of practice, which include timely and accurate communication with clients, proper filing of documents, and truthful representations about the status of your case. It is not normal for attorneys to... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I was denied surgery by workmans comp. Hired a lawyer. Months later nothing is happening and i never hear anything?

Is this normal ? Is there anything i can do?

Haleh Shekarchian
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Haleh Shekarchian
answered on Jan 13, 2024

Was the denial appealed? Have you seen a QME or an AME?

You can consult anyone of us on Justia for a free consultation.

3 Answers | Asked in Workers' Compensation for California on
Q: My cousin injured his hip on his job in the company’s car last year. Follow all the workman’s comp protocols has denied

Since his injury happen, 6 months had to lawyer up. Now my cousin needs a complete hip replacement and is at risk for AVN disease and Crosis if not taken care of. He’s been handicap like this for a year and 2 months now and now other injuries are occurring due to his hip not being fix. He’s... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Nov 9, 2023

Thank you for your work comp question. you seem to be in the dark about the reasons the case is in the position it is in. if that is the case, either your attorney is explaining things or not and /or perhaps you still dont understand? work comp is complex but a good attorney makes it simple to... View More

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1 Answer | Asked in Workers' Compensation for California on
Q: Is it legal for an insurance. Co. To settle a work comp claim without a policy registered with the WCRIB? in California
James L. Arrasmith
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answered on Nov 8, 2023

In California, workers' compensation insurance policies must be properly filed with the Workers' Compensation Insurance Rating Bureau (WCIRB). If an insurance company settles a workers' compensation claim, it is typically required that the policy under which the claim is settled be... View More

1 Answer | Asked in Workers' Compensation for California on
Q: can i file for personal injury on a work accident that happens 3 years ago and it was nor report it properly?

3 years ago i suffer i an accident, twisting my wrist while i was drilling on a steel gutter the incident was properly reported to my supervisor , at first i thought was only the hit but 8 months later find out that my scaphoid on my right hand was broke, orthopedic check my wrist and told me that... View More

James L. Arrasmith
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answered on Oct 31, 2023

Under California law, for work-related injuries, the primary remedy is through workers' compensation, not personal injury. There's a statute of limitations on workers' compensation claims. Typically, you have one year from the date of injury to file a claim.

However, if the...
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2 Answers | Asked in Workers' Compensation for California on
Q: I need a Board Certified Attorney to Help Me with my Herniated Disc's Injury. Is it to Late. I also have Failed Carpal

Failed Neck Surgery and Failed Carpal Tunnel Surgery. Suffer Every Nite and Day. Can a Truthful and Honest Lawyer help Me?

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 24, 2023

I'm confused; your name is Charlotte North Carolina but you want California Work Injury answers. Is "it" too late? Impossible to say, from this. I see no date of work injury. I see no indication from you the employer was ever notified of any work injury. YOU HAVE ONE YEAR FROM... View More

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3 Answers | Asked in Workers' Compensation for California on
Q: Work comp finally agreed to pay for caregiver. My son who is a cg for other people has been mine what says law?

I told my son I would pay him whatever law requires and whatever they pay me. How much does workers comp owe by law? He has been my caregiver for past seven months.

I got approved for 24/7 care

I had a quadruple fracture as well as torn ligament. Still unable to walk. Also fell on... View More

Ronald Mahurin
Ronald Mahurin
answered on Oct 19, 2023

You need to be careful here. The law says if your son is already being paid for providing care giving services before they were authorized, then the carrier is not required to pay him to continue what he was already doing. The carrier has the option, so you might want to look into other options... View More

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Q: Hello, What should I do when employee refused to provide me a chair even with a doctor’s note? Thank you.

I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes.

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 13, 2023

Your employer does not have to provide you with anything. A "Doctor's Note" never requires the Employer to do anything. Your Primary Treating PHysician on the Workers Comp MPN SHOULD WRITE that until and unless you are provided with seating you are temporarily totally disabled due... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Contacting a specific lawyer you find on this website?

When finding a lawyer on this site and looking through their profile and bottom offers an email that specific lawyer. My question is: Does that really go to that lawyer and that lawyer is the one replying back to you? I know it’s a silly question to ask but want to make sure. Thank you &... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2023

When a lawyer creates a profile on this site, the lawyer has the option of including an email address in their contact information. The email address may go directly to the lawyer to another person at the lawyer’s law firm who screens potential new clients to determine if they are a legitimate... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: Workers comp questions

Hello, I had a couple questions about a potential workers comp case. First of all, what is the likelihood of winning a wear and tear injury case that wasn't the result of an isolated incident/accident? I work somewhere where I stand on my feet all day and do a lot of heavy lifting and I have a... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Sep 22, 2023

Likelihood of 'winning'=50/50. depends on what medical records reveal. If you've been Russian Dancing and Trick Riding on your free time, the insurer can deny it and then you have to convince an independent doctor that the tear came from work and not jumping off and on horses.... View More

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Do you have to sign a resignation letter to complete a settlement for workmen comp if you no longer work for the company

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

Neil Pedersen
Neil Pedersen
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...
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3 Answers | Asked in Workers' Compensation for California on
Q: My overall body % is 6. I had the tip of ring finger amputated what compensation am looking at.

Was out of work for 16 months

Nancy J. Wallace
Nancy J. Wallace
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

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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: carpenter tore radial neve out of dominant arm lost all function of Hand fingers, thumb, wrist, and arm.TTD life time?

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

James L. Arrasmith
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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

2 Answers | Asked in Workers' Compensation, Employment Law and Insurance Defense for California on
Q: w/c case lifetime medical settled. 9 years ago .Does my 2022 workers comp claim get deducted before settled?

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

Nancy J. Wallace
Nancy J. Wallace
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

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3 Answers | Asked in Personal Injury, Workers' Compensation and Construction Law for California on
Q: 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

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?

Richard  Barkhordarian
Richard Barkhordarian
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

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4 Answers | Asked in Workers' Compensation and Insurance Bad Faith for California on
Q: Can I have a lawyer go after my Workers Comp insurance for not returning e-mails or phone calls regarding my case.

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

Richard  Barkhordarian
Richard Barkhordarian
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

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