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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: I rolled my ankle at work resulting in a break and severe sprain. Worker’s Comp is saying it’s not compensable

I work at a hospital. After making a bed, I turned, rolled my ankle resulting in the fracture and sprain. Workers Comp has paid for my ER visit and first Ortho MD visit but doesn’t want to pay for any further care. Do I have a case for appeal?

Michael Levin
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Michael Levin
answered on Jun 9, 2024

Yes, of course! If you suffered an injury at work, then WC has to take care of you in terms of lost wages and medical care until you are able to return to work. Use Justia's "Find a lawyer" tab to find someone near you.

1 Answer | Asked in Workers' Compensation for Hawaii on
Q: Can any federal entities adjust the net amount I will be compensated relating to work injury sustained on the job?

Federal entities eg.

:child support

:Owed Taxes

:Student Loans

James L. Arrasmith
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answered on Jun 5, 2024

Yes, certain federal entities can adjust the net amount you will be compensated for a work injury sustained on the job.

For example, if you owe child support, the government may withhold a portion of your compensation to cover those obligations. Similarly, if you have unpaid taxes, the IRS...
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1 Answer | Asked in Workers' Compensation for California on
Q: Do Worker's Comp attorneys get money for surgery & current disability payments before settlement?

I know they get 15% at settlement. But if the medical is performed while the claim is still open, do they assess a monetary amount and receive 15%? The same with disability payments. Do they get 15% of all payments, whether current and ongoing or retroactive?

James L. Arrasmith
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answered on Jun 4, 2024

In California, workers' compensation attorneys typically do not receive a percentage of ongoing medical treatment costs, such as surgeries, or current disability payments before the settlement of a claim. The attorney's fees are generally contingent upon the successful resolution of the... View More

2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

Charles Candiano
Charles Candiano
answered on Jun 2, 2024

Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More

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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

James L. Arrasmith
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answered on Jun 3, 2024

You may have grounds to seek legal action if your termination was influenced by your mental health or substance abuse issues. It's important to determine if your employer was aware of your condition and whether they failed to provide reasonable accommodations or treatment options as required... View More

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2 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: Can a supervisor be held liable for an employee accident due to fatigue if the company has a voluntary OT policy?

According to my departments MOU, I have to offer OT based on a list that ranks each employee on OT declined and worked. As a result, the first person on the list can work a lot of OT (in the hundreds) for an 80 hour pay period. If I continue to offer OT to the first person, and he/she continues to... View More

James L. Arrasmith
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answered on Jun 1, 2024

Under California law, a supervisor can be held liable if an employee's accident due to fatigue is foreseeable and the supervisor failed to take reasonable steps to prevent it. Even if the company has a voluntary overtime (OT) policy, the supervisor must ensure that employees do not work... View More

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2 Answers | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: Can a supervisor be held liable for an employee accident due to fatigue if the company has a voluntary OT policy?

According to my departments MOU, I have to offer OT based on a list that ranks each employee on OT declined and worked. As a result, the first person on the list can work a lot of OT (in the hundreds) for an 80 hour pay period. If I continue to offer OT to the first person, and he/she continues to... View More

Neil Pedersen
Neil Pedersen
answered on Jun 1, 2024

No. A supervisor is not liable for the injuries incurred by an employee who is under his or her supervision. Any workplace injury would be a workers compensation claim, and workers compensation claims are not against individuals, only the company. Please beware, the other answer you have... View More

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2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: Is it legal to get fired while on medical leave for a work related injury?

My WC was denied by Amazon for a year and 4 months. I was sent to various doctors and specialists till finally Amazon started paying me benefits, but the same day they had to approve my claim that same day they fired me. The reason they gave me was because i defaulted on the policy rules of not... View More

James L. Arrasmith
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answered on May 30, 2024

I'm sorry to hear about your situation. The legality of your termination depends on several factors, but here are a few key points to consider:

1. Retaliation: It is illegal for an employer to fire an employee in retaliation for filing a workers' compensation claim or exercising...
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2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: Is it legal to get fired while on medical leave for a work related injury?

My WC was denied by Amazon for a year and 4 months. I was sent to various doctors and specialists till finally Amazon started paying me benefits, but the same day they had to approve my claim that same day they fired me. The reason they gave me was because i defaulted on the policy rules of not... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

No it is absolutely illegal for any company to fire an employee for discussing their salary, this is in the Cal. Labor Code 1197.5 (k-1) "An employer shall not prohibit an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s... View More

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1 Answer | Asked in Employment Law, Workers' Compensation and Public Benefits for California on
Q: How does it work when you have to repay the state disability you've received from a workers compensation settlement?

How does it work when you have to repay the state disability you've received from a workers compensation settlement? Does the repayment start from when you file workers compensation or would you have to repay everything from when you first began receiving disability? Also some of the... View More

James L. Arrasmith
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answered on May 30, 2024

Under California law, when you receive a workers' compensation settlement, you may be required to repay the state for the disability benefits you received during the period covered by the settlement. This is known as the "SDI reimbursement" process. Here's how it typically... View More

Q: Can a workers compensation claim be unsussessful if filed just prior to termination?

I've been holding off filing for workers compensation while I've been off of work on disability. My work says they will no longer excuse the absences so I may eventually be terminated. I know a post-termination workers compensation claim it's pretty unsuccessful. But what if I filed... View More

James L. Arrasmith
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answered on May 29, 2024

Filing a workers' compensation claim just before termination can be successful, but timing and circumstances can affect the outcome. Your employer might argue that you filed the claim because you anticipated being terminated. However, if you have documentation and evidence supporting your... View More

1 Answer | Asked in Workers' Compensation for California on
Q: I just saw a QME my attorney sent me to. Now my employer's ins co. will be sending me a MPN list to chose a dr. Its OK?

Do I have to also go to their QME.? Or was the QME I saw approved by both my attorney and their ins.co?

James L. Arrasmith
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answered on May 25, 2024

Under California workers' compensation law, there are a few key points to understand:

1. QME (Qualified Medical Evaluator): A QME is a physician certified by the Division of Workers' Compensation Medical Unit to evaluate an injured worker when there is a dispute over the injury....
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1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for California on
Q: If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury?

If I get a workers compensation settlement do I have to repay everything my private insurance paid for my injury prior to workers compensation taking over? Would that repayment start from just the time that I filed for workers comp or would it start from the very beginning of being treated for the... View More

James L. Arrasmith
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answered on May 24, 2024

Under California law, if you receive a workers' compensation settlement, you may need to repay your private insurance for any medical expenses they covered related to your injury. This process is known as subrogation, where the insurance company seeks reimbursement for costs they incurred due... View More

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: If collecting workers compensation are you able to volunteer? It's my daughter's play I will sitting there collecting mo
Glenn Neiman
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answered on May 23, 2024

We cannot provide legal advice on this board. We can only give general legal information. We cannot tell you whether you should take this action or not. Generally speaking, I often tell clients that they should avoid doing something that would surprise their doctor. As to whether one can... View More

Q: Can the workers compensation doctor force you to go back to work if you are on disability?

I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More

James L. Arrasmith
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answered on May 22, 2024

In California, a workers' compensation doctor cannot force you to return to work against your will. However, their medical opinion can significantly impact your workers' compensation benefits and your ability to remain on disability. Here are a few key points to consider:

1. If...
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Q: Can the workers compensation doctor force you to go back to work if you are on disability?

I'm currently on temporary disability and considering filing workers comp for wear and tear injuries. However I'm afraid the workers comp doctor would force me to go back to work with "restrictions". I have a co-worker who hurt his knee badly and the workers comp doctor forced... View More

Nancy J. Wallace
Nancy J. Wallace
answered on May 22, 2024

The solution is to elect a worker-friendly physician from the insurer's Medical Provider Network BEFORE the insurer sends you to their doctor. You do not have to see the doctor the employer chooses or the adjuster chooses; you can go to the MPN List for the Comp Insurer and select a real... View More

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2 Answers | Asked in Insurance Bad Faith and Workers' Compensation for California on
Q: What grounds is it legal for a state insurance agency to prevent an injured worker from being evaluated to treatment?

I reported a psychological injury in February, and I still have not even been evaluated. My claims adjuster has been avoiding both my emails and phone calls. It is almost June.

James L. Arrasmith
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answered on May 21, 2024

Under California law, an insurance company is required to authorize medical treatment that is reasonably required to cure or relieve the injured worker from the effects of their work-related injury, and they must do so in a timely manner.

The claims administrator is required to authorize...
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1 Answer | Asked in Workers' Compensation for Indiana on
Q: Can workman's comp make me switch pharmacies? They are appealing my settlement. I was awarded palliative care.

I'm looking for statutes to back this up.

Charles Candiano
Charles Candiano
answered on May 21, 2024

Nobody can tell you whether they can make you switch pharmacies without reading the Compromise and Release that you both signed a/k/a settlement. The Compromise and Release is a formal contract that terminates the claim. It cannot be "appealed."

You say that you were...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Federal Crimes for California on
Q: my father worked w/ beryllium when he was a machinist in building of the space shuttle. his health declined

my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?

James L. Arrasmith
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answered on May 20, 2024

I'm so sorry to hear about your father's health issues and tragic passing. That must have been an incredibly difficult experience for you and your family.

Regarding potential compensation, there are a few avenues you could potentially explore:

1. Workers'...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Federal Crimes for California on
Q: my father worked w/ beryllium when he was a machinist in building of the space shuttle. his health declined

my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?

Ronald Mahurin
Ronald Mahurin
answered on May 20, 2024

The most critical information is not provided, the date your father died. There is a statute of limitations for a death claim in WC. Typically it is one year, but there are some specific circumstances where the application can be filed up to five years later. Without a date of death, the question... View More

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