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Does my employer have the right to demote me due to work restrictions from a workers' compensation claim? After an accident, I held a supervisory position, but due to restrictions from my doctor, I cannot stand for long periods or lift heavy objects. I was initially on light duty with half-day... View More
answered on Nov 6, 2025
Your employer is generally not allowed to demote you just because of work restrictions from a workers' compensation claim or because you filed such a claim. This is considered retaliation and is illegal. However, employers may demote employees for reasons unrelated to the claim if they can... View More
My husband is currently on disability from work due to a minor stroke he suffered on March 31 of this year. His neurologist completed a return-to-work form with stipulations, including a reduction in hours, due to his ongoing recovery. If the company doesn't accept these terms, do we have any... View More
answered on Nov 6, 2025
There is not enough information to provide an exact answer. For me the question is whether or not your husband has reached maximum improvement, or if he still needs time to recover. If the work restrictions are not permanent, then your husband is still entitled to wage loss paid biweekly if the... View More
My husband is currently on disability from work due to a minor stroke he suffered on March 31 of this year. His neurologist completed a return-to-work form with stipulations, including a reduction in hours, due to his ongoing recovery. If the company doesn't accept these terms, do we have any... View More
answered on Nov 6, 2025
Hello. Your husband's employer is required to engage in the interactive process with your husband for the purpose of determining whether or not a reasonable accommodation can be made, given the doctor's work restrictions. There are a variety of factors that go into this. Requesting... View More
Two years ago, I was involved in an auto collision while driving for Doordash. My personal car insurance denied the claim, but Doordash's insurance managed the claim and resolved issues with the other party. Fifteen days ago, the other party filed a substantial lawsuit against me and Doordash... View More
answered on Nov 6, 2025
Doordash or its insurance carrier should have got a release from the other party and should defend this lawsuit in your behalf. They should retain an attorney for you.
It is unclear why your insurance denied the claim, but if Doordash can't be contacted you could also demand that your... View More
I'm involved in a wrongful death lawsuit in California. The at-fault driver has a $100K liability policy, and our UIM coverage is $300K. Our lawyer advised that we can't use our UIM in conjunction with the wrongful death lawsuit because it involves "stacking," which is not legal... View More
answered on Nov 5, 2025
Your UIM comes into play... if... your 3rd party recovery is less than the limit of your UIM coverage (e.g. $300K). So if your recovery is $100K from another driver, then your UIM would cover the balance between the two policies (e.g. $200K). However, if you receive a $1mil. settlement... (or any... View More
I'm involved in a wrongful death lawsuit in California. The at-fault driver has a $100K liability policy, and our UIM coverage is $300K. Our lawyer advised that we can't use our UIM in conjunction with the wrongful death lawsuit because it involves "stacking," which is not legal... View More
answered on Nov 5, 2025
There is a lot that is not included in the question. I don't know what your lawyer was considering, or what the deeper facts are that may influence a decision. If the UIM gets you the policy limit, total settlement of money available to claimant(s) is $300,000, apparently, inclusive of the... View More
I'm involved in a wrongful death lawsuit in California. The at-fault driver has a $100K liability policy, and our UIM coverage is $300K. Our lawyer advised that we can't use our UIM in conjunction with the wrongful death lawsuit because it involves "stacking," which is not legal... View More
answered on Nov 5, 2025
I’m very sorry for your loss. To answer your question, yes, but only under certain conditions. In California, you can make an underinsured motorist (UIM) claim after the at-fault driver’s liability limits have been paid out and your claim against that driver is resolved. UIM coverage isn’t... View More
I am an intended parent who paid an IVF clinic in California for proper surrogate screening. Our clinic transferred our two embryos into a surrogate who we later found out had untreated endometritis and a deficiency in vitamin D. This inflamed uterine lining meant that the embryos were unlikely to... View More
answered on Nov 5, 2025
This is a difficult and frustrating situation. Fortunately, it is more recoverable than a child born with defects or other problems. However, this is more a medical question than a legal one. The legal measure is "generally acceptable standard of care within the nationwide legal... View More
I am inquiring about the potential arrest of someone who had a violent mental episode in Florida, during which car damage occurred. There have been no previous incidents, but the individual is diagnosed with schizophrenia. Can they be arrested under these circumstances?
answered on Nov 4, 2025
Of course the person can be arrested if the circumstances show the commission of a crime. In some instances the police may delay an arrest by Baker Acting the person to a facility. In other instances the person is taken to jail. The existence of a past mental health history may be raised as a... View More
I proposed to my ex-fiancé with an engagement ring that her father initially purchased for a great deal at $5,000. He offered to sell me the ring for $5,000, and I agreed. My parents witnessed the exchange of money. We might have text messages confirming this transaction, but I received no formal... View More
answered on Nov 4, 2025
Under Florida law, engagement rings are considered conditional gifts given in contemplation of marriage. If the engagement is broken by the recipient, the donor can usually recover the ring or its value. In this case, you paid $5,000 to your future father-in-law for the ring, and the daughter broke... View More
My son was admitted to a state mental hospital in California on October 10, 2025, receiving a regular dose of 2.5mg Olanzapine for mood disorder stabilization. However, from October 11, 2025, to October 27, 2025, the hospital mistakenly increased his daily dose to 25mg, contrary to the prescribed... View More
answered on Nov 4, 2025
Immediately consult a California medical malpractice attorney, as time if of the essence. To pursue a personal injury claim for the medication error, all medical records from the hospital, including prescriptions, dosage logs, progress notes, and lab results should be gathered. Preserve evidence of... View More
I live in Wisconsin and someone hit my parked car. The other driver did not have insurance, and now they are filing for Chapter 7 bankruptcy while I was in the process of taking them to small claims court. I do not have insurance myself, but I do have photos and documentation of the damage. What... View More
answered on Nov 3, 2025
Unfortunately, you probably do not have any good options. The bankruptcy filing (either chapter 7 or 13) stays any efforts you take to collect a payment from the debtor, including your potential small claims action, so there is no point in proceeding with that lawsuit. Since the person who hit you... View More
I am a workers' compensation claimant in New York with a back injury that was initially classified as partial but is now considered total. I was recently fired for reasons unrelated to my injury (misconduct, specifically). I am still waiting for a court appearance regarding my workers'... View More
answered on Nov 3, 2025
Generally the answer is yes: you can still typically get workers’ compensation benefits in New York even if you were fired, as long as your injury is work-related and you’re still disabled because of it. Being fired for misconduct doesn’t automatically stop your benefits. The key thing that... View More
I am seeking legal advice regarding an incident I experienced during a home visit as part of my job. I witnessed a father physically attacking his daughter, and the situation escalated to the point where I had to intervene to protect the child. I reported the incident to my company and filed a... View More
answered on Nov 3, 2025
Sounds like an extremely difficult situation. Assuming you are eligible, you could ask your employer for information regarding Paid Family and Medical Leave ("PFML"), which you may qualify for to address your own serious health condition. The Department of PFML makes the ultimate... View More
In Indiana, my loved one was admitted to a nursing home while on hospice care. The nurse practitioner at the nursing home discontinued medications that were essential to their care without consulting with the hospice doctor. Is this permissible under Indiana law?
answered on Nov 3, 2025
The sole distinction between a nurse practitioner and a medical doctor is that a medical doctor can perform surgery, whereas a nurse practitioner cannot. In practice, neither do. Accordingly, a nurse practitioner has the legal authority to prescribe or discontinue any medication at any time.... View More
My ex-wife recently passed away in a car accident. We have a 12-year-old child who lived with her. Our divorce decree granted us 50/50 custody. Do I, as the surviving parent, have the right to take him as the full custodial parent, or can my ex-wife's family seek custody? No steps have been... View More
answered on Nov 5, 2025
Under Texas law, as the surviving parent, you are generally presumed to be the most appropriate person to have custody of your child. This presumption applies even if the child primarily lived with the other parent after divorce, unless there are extraordinary circumstances such as abuse, neglect,... View More
I moved into my apartment in Ohio on July 1, 2025, and have consistently paid the rent. On August 4, I paid my apartment manager $1,420, which overpaid the rent, as it is $250. I have original copies of all receipts. Despite this, my apartment manager issued a 3-day eviction notice and changed the... View More
answered on Nov 2, 2025
I encourage you to invest in hiring a creditor rights and / or real estate attorney in the municipal court jurisdiction where the apartment is located. If you decide to go it alone you should read Chapter 5321 of the Revised Code (The Landlord-Tenant Act) carefully and bring an action for the... View More
My friend's girlfriend and her daughter have moved into his house, resulting in severe sanitation and safety issues. The home is overwhelmed by the smell of animal feces and urine, and it's infested with fleas, roaches, and rats. There's trash everywhere, making it difficult to... View More
answered on Nov 2, 2025
Sounds like a terrible situation.
If your "friend" is not in support of this legal question and inquiry, nothing can be done for him.
But, if he wants them to go, he needs to man-up and tell his girlfriend she needs to contribute to cleaning, paying bills, and if the feces... View More
My friend's girlfriend and her daughter have moved into his house, resulting in severe sanitation and safety issues. The home is overwhelmed by the smell of animal feces and urine, and it's infested with fleas, roaches, and rats. There's trash everywhere, making it difficult to... View More
answered on Nov 3, 2025
I think he has many options without risking his home.
First, as the owner of the home, he has the legal right to not allow animals other than service dogs and ESAs. If the animals belong to someone else, he should give them 30-days advance written notice to remove the animals from the... View More
I was rear-ended by another vehicle. After stopping to check if the other driver was okay, I left the scene because I had a sick child to attend to. Am I legally required to stay at the scene even though the other driver was at fault?
answered on Nov 5, 2025
Yes, in Texas (and most other states), you are legally required to remain at the scene of a motor vehicle accident, regardless of who caused the collision. Under Texas Transportation Code §550.022, a driver involved in an accident resulting in injury, death, or property damage must:
1.... View More
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