Get free answers to your Workers' Compensation legal questions from lawyers in your area.
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
NO. You don't have to resign. But if the offer is only good IF you resign, and you want that offer, then you have to resign. Many people wait to do the Compromise &Release Agreement until they are about to retire or move, until they are ready to resign. If you like this job and need... View More 
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answered on Jun 13, 2023
In general, the validity of a prescription depends on various factors, including the medication or medical device prescribed, the regulations in your specific jurisdiction, and the discretion of the prescribing healthcare provider. However, it's worth noting that prescriptions typically have... 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
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More
answered on Jun 1, 2023
I am sorry this happened to you. You do not need a contract to sue for owed wages. Based on your post, you are owed wages, overtime wages, and the derivative Labor Code penalties. You may likely also have a claim for sexual harassment.
I suggest you consult an employment law attorney and a... View More
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More
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answered on Jun 1, 2023
Yes, you can sue your employer for unpaid wages, even if there is no written contract. Under the Fair Labor Standards Act (FLSA), employers are required to pay their employees minimum wage and overtime pay. If your employer has not paid you for all of the hours you have worked, they have violated... View More
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More
answered on Jun 3, 2023
As someone who has handled these types of cases, you are probably owed a lot more than $50K if you were working 24/7, since August 2021 through May 2022. Under Wage Order 5 and the Domestic Worker's Bill of Rights, you should receive overtime after 10 hours per day, plus there are strict... 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 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
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answered on May 26, 2023
Generally, failing a drug test after being injured on the job may impact your eligibility for workers' compensation benefits. Employers may also have the right to terminate employees for policy violations. Medical professionals are typically bound by confidentiality rules, but there may be... 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 28, 2023
Your case raises many legal issues, across several fields of law. First, does your drug usage fall into the category protected by the FEHA/ ADA as a physical/mental disability? It could be possible, but when you fail a drug test, most attorneys are not willing to go past that. Next, did your... 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
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 24, 2023
Were you working for Thriller Powerboats at the time? I've had several cases against them over the years. Any case against them would need to be brought in Miami, Florida. You are entitled to compensation for your injuries. Whether or not the Jones Act applies will depend on certain... 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
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answered on May 24, 2023
The Jones Act is a federal law that provides certain protections to seamen who are injured or become ill while working aboard vessels. It allows eligible seamen to seek compensation for injuries and medical expenses through a legal process. To determine if the Jones Act applies to your specific... View More
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answered on May 18, 2023
To look up workers' compensation law cases, you can utilize online legal databases like LexisNexis or Westlaw. Access the database, perform a search using relevant keywords, refine the results, and review the cases that are most applicable to your query. Take note of relevant cases for further... 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
The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... View More
answered on Apr 27, 2023
NO! The Labor Code DOES NOT permit the Adjuster to stop TTD payments just because she thinks you aren't totally disabled any longer. SOLUTION: (1) apply for State Disability Insurance -- SDI -- at www.edd.ca.gov immediately, as it takes at least 10 days. EDD will want to see the copy of the... View More
The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... View More
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answered on Apr 27, 2023
If an insurance company stops paying benefits without medical validation by challenging their own doctor, this may be a violation of the terms of the insurance policy and/or state law. Insurance companies have a legal obligation to act in good faith and deal fairly with their policyholders.... View More
Do l continue to get my biweekly benefits? After being paid for few weeks, insurance company stopped paying after challenging latest doctor diagnosis and want QME claiming permanent and stationary status!! I complied and sent the paper already yet they stopped paying me even though there is no... View More
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answered on Apr 26, 2023
If your biweekly benefits have been stopped by the insurance company after they challenged your latest doctor diagnosis and requested a Qualified Medical Examination (QME) claiming permanent and stationary status, it may impact your ability to continue receiving benefits and medical treatment.... 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
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