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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 
Worker was paid cash, he fell off ladder and hurt himself. Went to the hospital he told them he was hurt at home ( this was about sept oct 2022). As a result of injury he can no longer work. What is the consequence of 1. turning into insurance now, 2. giving him some cash or 3 ?? I think he is... View More
answered on Jul 28, 2023
There may also be an issue of whether he was entitled to have you provide worker's compensation coverage. You probably thought that he was an independent contractor but the law may see it differently. Payment without any written settlement agreement and release could be bad for you later, if... View More
Worker was paid cash, he fell off ladder and hurt himself. Went to the hospital he told them he was hurt at home ( this was about sept oct 2022). As a result of injury he can no longer work. What is the consequence of 1. turning into insurance now, 2. giving him some cash or 3 ?? I think he is... View More
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answered on Jul 28, 2023
If the worker decides to turn the injury into insurance now, the consequence could be that the insurance company may investigate the claim and may request information and documentation related to the injury, which could potentially expose any discrepancies or inconsistencies in the worker's... View More
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answered on Jul 23, 2023
I'm sorry to hear about your injury. You can take the following steps on your case:
1. Seek immediate medical attention for your broken leg.
2. Document the incident, including details of how the accident occurred and any potential hazards on the property.
3. Notify... View More
answered on Jul 26, 2023
Legal/liability issues aside, the first priority of obtaining proper medical care and covering it could depend on available insurance. I hope you're okay. Options could include your carrier if you carry a health plan, or the property owner's homeowner policy - if the carrier doesn't... 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
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
So the basic rule is you cannot collect twice for the same injury or accident. They call it the double recovery rule. So for example if your PI attorney settled your case for $100,000 and the WC attorney settled your work comp case for $90,000 for the same accident/injury, then you wouldn't... 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.
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answered on Jul 21, 2023
In a workers' compensation case, if you settle your case with a $100,000 third-party credit, you may be entitled to a lump-sum payment or structured settlement based on the terms of the settlement agreement. The settlement amount will typically take into account various factors, including your... 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
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
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answered on Jul 11, 2023
If you are receiving temporary total disability (TTD) payments, you may be able to request that your payments be recalculated using your average weekly wage from the last 12 months of employment, instead of the last 6 months. This is because TTD payments are calculated based on your average weekly... 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
answered on Jul 7, 2023
If you had broken your arm while performing your job duties and you live in CA or were performing your job in CA when the accident happened then you have 30 days to report the injury and you have 1 year from the date of injury to file a workers compensation claim. I hope this answers your question.
M3dical treatment?
answered on Jun 26, 2023
It completely depends on what the writers put in the agreement! Most of the time, you agree to release all possible claims against the employer, a 'general release'. The WCAB Judges are NOT supposed to approve that language but many do. So if later you find out you got cancer from... 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 22, 2023
No it doesn't mean resignation. Typically, there is a separate resignation letter that the employer will want you to sign when signing a compromise & release. When you initial wages, it means if there was ever a dispute as to how much you were making for the employer, that issue is being... 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
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
If you genuinely cannot tell is this agreement does not require a resignation, YOU SHOULD NOT BE REPRESENTING YOURSELF! You could be giving up more than the job! 95% of Compromise & RElease Agreements are offered because the injured worker is no longer performing the pre-injury work, and is... 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.
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answered on Jun 19, 2023
In California, you are not required to resign if you are offered a compromise and release settlement for your workers' compensation case. A compromise and release settlement is an agreement between you and the workers' compensation insurance company to settle your claim for a lump sum... 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
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
Yes most carriers will not C&R Your workers compensation case if they still insure your employer where the injured occurred and your still an employee of the same company. Arrasmith answer is wrong in that there is no law governing this. It’s a policy of most insurers. If you don’t agree to... View More
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