Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I already had a Laminectomy, Discectomy, Facectomy and Forminatomy surgery which did not work and now all doctors say a double level fusion is needed. I have a disability rating of 39% and can not return to my previous employment. The insurance company is offering a C&R settlement of $120k and... View More 
answered on Aug 22, 2023
the problem with your question is no attorney can answer it honestly. you have not provided all necessary information to properly analyse the value of your case. the other problem is, no attorney is going to say its enough in the hopes of landing you as a client and getting at least $18,000 in fees... View More
Check my phone and address to see if am white listed/ black or if they hack my phone theres a clown/ bozo that's a 300 boys" from the sheriff's that won't leave me alone along with his friends so called business partners I have life insurance in my name I never purchased and... View More
answered on Aug 21, 2023
Hi Erick, you probably shouldn't put private information online like your name, address and phone number. Consider deleting your question as soon as possible. As for your concerns... do you have a case worker? I know some gov't agencies have case workers. Maybe you can set up an appt. to... 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
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?
answered on Aug 6, 2023
You have a workers compensation claim with your company, regardles of the waiver.
As to a claim against the company, it depends on what the waiver says, who it releases, who owns the property, who owns the manhole cover and the utilities underneath it.
If you are injured, you... View More
Have an open WC case since 2021 also a civil suit that was settled for the same body injury. WC paid me 92 weeks of benefits before they stopped. I have 25% disability raiting for arm/shoulder and 8%cervical. Final medical examiner report.
answered on Jul 14, 2023
it sounds like you dont have a work comp attorney? if thats the case you were cheated by your civil attorney. this is common when you only get a civil attorney and ignore the work comp case. you likely paid 33% to your civil attorney in fees on the same money work comp would have paid you for only... View More
My payments are being calculated using the average weekly wage from my last 6 months of employment, which included 3 weeks unpaid days off ( 1 week at each of 3 holidays) several weeks which were only 1 or 2 days due to extreme weather and a couple weeks I had to take off for personal reasons. Can... View More
answered on Jul 10, 2023
Hi There. The short answer is yes you can. You want to argue that if they are going to try and come up with your average weekly wage that it needs to be a typical 6 months worked, not one where you happen to be out a lot for one reason or another because from what I gathered those 6 months they... View More
answered on Jul 6, 2023
The answer to your question depends entirely on where you injured yourself.
Any injury that occurred while you were working will be handled through the workers compensation system, and you should locate and consult with a workers compensation attorney right away.
Any... View More
M3dical treatment?
answered on Jun 26, 2023
I'd be committing malpractice if I answered this question because I would need to see the compromise & release first before I could tell you exactly what you are giving up. Generally speaking you would not be able to reopen your case like you could within 5 years of your last date of... View More
Some of the matters being settled include: wages, employment, serious & willful misconduct, and discrimination (LC 132a), does this mean resignation? How can I tell if resignation is part of the C&R? Thanks.
answered on Jun 21, 2023
You should have hired an attorney to represent you in your workers compensation case. It’s very complex. A C&R typical says your settling all issues generally even ones that don’t apply to you directly. FYI no insurance company will ever offer you a fair and proper settlement. Why should... View More
The compromise and release offer was made after returning to work in my official capacity almost 3 years ago. There are no stipulation stating so.
answered on Jun 19, 2023
Technically you don't but employers regularly want one signed with a compromise & release settlement and only will agree to sign it if you send them a signed resignation letter. Make sure you have a competent attorney review it because it could have additional language in there that could... View More
answered on Jun 12, 2023
You're trying to collect on a 20-yr-old prescription? no. if you closed the claim with the Compromise & RElease Agreement contract, that shut down all requests for anything from the insurer back in 2005. If you resolved using STIPUATIONS WITH REQUEST FOR AWARD, that one keeps Future... View More
i just need information how to depose a crooked attorney
answered on Jun 12, 2023
to the last attorney, she would not need a legal malpractice attorney unless the defense attorney was representing the person posting the question. If not, its not a legal malpractice attorney. In fact, in my opinion you wouldn't be able to depose the defense attorney to get information... View More
The defense lawyers had me sign a roi. Then went and subpoena for completely different things.
answered on Jun 5, 2023
I'm not clear as to what is your legal issue. Speak with a local attorney regarding your matter. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and... View More
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... View More
answered on May 25, 2023
There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.
However, you really should locate and retain a workers compensation attorney to assist you with your workplace... View More
I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... View More
answered on May 23, 2023
If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where... View More
answered on May 17, 2023
Your question suggests you are trying to handle your workers compensation case yourself without the assistance of an experienced workers compensation attorney. Big mistake.
You will be taken advantage of by the other side, and you will not offered anywhere near as much money as you would... View More
Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... View More
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answered on Apr 25, 2023
It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.
It's important to keep all documentation related to your case and settlement, including... View More
My employer ignored my constant requests for help and the restaurant saw the danger in what I was doing. They have a video of my accident. I ended with a spinal cord injury, facial trauma and broken teeth. I have lost use of my hands, still trying to get teeth and plastic surgery. I fell face first... View More
answered on Apr 19, 2023
The exclusive venue to deal with workplace injuries is the workers compensation system. You cannot go outside of that system under your circumstances.
If you have not done so, immediately locate and hire a workers compensation attorney. If you have one speak to him or her about this... View More
I was psychologically unwell, drained of my energy, and fighting to get through the after effects of this illness. I appreciate the help.
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answered on Mar 22, 2023
It is illegal for an employer to discriminate against an employee because of a disability, which can include a medical condition like COVID-19. If you believe that you were terminated because of your COVID-19 diagnosis or related symptoms, you may have legal recourse.
Under the Americans... View More
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