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Workers' Compensation Questions & Answers
2 Answers | Asked in Workers' Compensation for California on
Q: Should I take the money or not?

I was injured on the job at Bank of America in October 2019 - severe concussion. They have done a poor job with my treatment. I was being treated by Med 7 (minor emergency) Doctors telling me to touch my nose and walk a straight line and go home and rest. Then basically forgetting about my case.... View More

Dennis Dascanio
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answered on Jan 16, 2025

Dear concerned injured worker,

Head injuries are some of the most complex injuries to diagnose and treat, especially in the workers compensation medical care system. I would strongly urge you not to accept the payout if that means a resignation of your job or if you have not been properly...
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1 Answer | Asked in Employment Law and Workers' Compensation for Washington on
Q: I wasnt paid all my hours at my old job, they refused to pay me after I asked.

I had permission from my manager to skip lunch due to my i.b.s, and that it wouldn't be deducted from my hours, surprise surprise in my final paycheck every lunch was deducted and I never got paid for those hours I worked. it's a family owned business so once I reached out to h.r or... View More

Merry A Kogut
Merry A Kogut
answered on Jan 9, 2025

I'm so sorry to hear about your employment issues and health problems.

You may want to try this first - you can file a complaint with a WA State agency for free: https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints

Your former employer is...
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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: I have a question on employment law do to a incident at work

So I’ve never done anything like this or have dealt with lawyers or anything but everyone tells me I should talk to one do to what happened to me I was on a jobsite outside of Redding CA for my company but we were working on a PGE site, the company I worked for we built and service transformers... View More

Neil Pedersen
Neil Pedersen
answered on Jan 9, 2025

Because you were injured on the job, you should consider speaking with a Workers Compensation attorney to address any medical costs and your pain and possible future effects on your body from the incident. You can also report the safety violation to OSHA if you wish to do so to prevent future... View More

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1 Answer | Asked in Workers' Compensation for Texas on
Q: I've been working with a company as an independent contractor for 3 years. But I believe I'm an employee.

Paid directly through zelle

Had a company card

Traveled with them

Travel expenses and perdeim paid. Including flights rentals corporate Housing.

I used tools paid for by them for jobs

Requested time off

S. Michael Graham
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S. Michael Graham
answered on Jan 8, 2025

Worker's compensation attorneys deal with job injuries and the medical and income benefits that arise out of the work accident. Your question would probably be better put to a Labor and Employment attorney. With that said, the question of employment status deals with the facts of your case.... View More

2 Answers | Asked in Workers' Compensation for Texas on
Q: Hi. Coworker hit his head on the floor. Mgr didn’t offer to use wrkrs comp or explain anything but home:
S. Michael Graham
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S. Michael Graham
answered on Jan 2, 2025

It's unfortunate that management was not willing to assist your co-worker, but that's the world we live in. If you friend needs medical assistance they should ask the employer if they have a policy of workers' compensation first. In Texas, employers are not required to even buy... View More

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2 Answers | Asked in Workers' Compensation and Social Security for California on
Q: Can I hire a pro bono lawyer who is experienced with WC to take over my current misrepresented WC case?

It turns out my current lawyer is not acting for my best interest at all and is intentionally misleading and misrepresenting me. Other WC lawyers won’t take my case because they would do more work and get paid less. This is why I thought maybe I should look for pro bono lawyers who are looking... View More

Dennis Dascanio
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answered on Dec 24, 2024

Dear injured worker,

I am sorry that you have encountered difficulties with the attorney you hired. You have two options available to you if you cannot find another attorney to take the case. The first is to contact your local Bar Association and ask for the Lawyer Referral service. Many...
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1 Answer | Asked in Workers' Compensation for Arizona on
Q: Award amount for 3 level neck fusion.
Joel Friedman
Joel Friedman
answered on Dec 21, 2024

I'm going to answer the question based on you having injured your neck in a work accident. Workers compensation benefits are not like personal injury payments and the first part of the process is to understand what the doctors have said you can and cannot do in a job, and then figure out if... View More

2 Answers | Asked in Workers' Compensation and Medical Malpractice for California on
Q: Workers comp. Doctor & Hospital missed hip fracture. This caused me to have hip replacement. What legal recourse?

QME doctor stated in his report that in his medical opinion, my injury was mishandled. His report indicated a lot of things that should have been done for me. (You have to read his report, he was very agitated that my hip fracture was not caught). Doctor did not take x rays of my hip, but 5 months... View More

Dennis Dascanio
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answered on Dec 21, 2024

Dear injured worker,

Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the...
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2 Answers | Asked in Workers' Compensation for California on
Q: My workers comp lawyer has advised me to take 38,000 settlement w/ no future medical. But I need hardware removed.

My lawyer is telling me to go on medical and have them pay my hardware removal. Feeling kinda sketchy about that. I broke my ankle in the parking my employee provides for me, I was just taking a walk and the concrete was uneven and that’s when I fell and it was bimalleolar fracture. Screws on... View More

Dennis Dascanio
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answered on Dec 20, 2024

Dear Injured Worker,

It is difficult to evaluate the value of a claim without the opportunity to review the medical records. However, the fact that you still have screws in your ankle would indicate that your claim has a higher value than $38,500. It is not unusual to seek a second opinion...
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2 Answers | Asked in Workers' Compensation for California on
Q: My lawyer wants me to settle for 38,500 with no future medical. I’ve had this case for almost 1 year now.

I’m not sure what to do I’m 29 years old with screws and rods in her ankle.

Steven James Foster
Steven James Foster
answered on Dec 19, 2024

You are not required to give up your right to medical care for your work injury. The settlement is likely based upon the findings of a Qualified Medical Evaluator (QME). The QME will help determine the value of your case by addressing your periods of temporary disability, level of permanent... View More

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2 Answers | Asked in Workers' Compensation for Florida on
Q: Does each injured body part in a FL work comp have it's own 1-year statute of limitation for medical care?

Example: Injured left knee and right ankle in a fall. Does the 1-year clock start with the last appointment for the whole claim or last appointment separately for each body part?

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Dec 18, 2024

The work comp statute of limitations in Florida is complicated and is also very fact dependent. Generally, the statute of limitations is 2 years from the date of accident or 1 year from the last date of work comp benefit such as medical treatment, medical mileage reimbursement, a work comp benefit... View More

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4 Answers | Asked in Workers' Compensation for California on
Q: what can I do about a Worker's Compensation case that I had we went to court in September but I haven't received my mone

The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More

Ronald Mahurin
Ronald Mahurin
answered on Nov 25, 2024

1) Contact your attorney.

You say you resolved your case including a payout plus retroactive TTD. The court by default gives defendants 30 days to pay an award. After 30 days you are entitled to penalties and interest.

Cash the checks.

WC payments are tax fee, not...
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4 Answers | Asked in Workers' Compensation for California on
Q: what can I do about a Worker's Compensation case that I had we went to court in September but I haven't received my mone

The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on Nov 25, 2024

Hi there,

From your question, it sounds like the communication between you and your attorney is not very good. You should have a complete understanding of what went on at the hearing, what money you can expect to receive, and why you are receiving it. You should also definitely be cashing...
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4 Answers | Asked in Workers' Compensation for California on
Q: what can I do about a Worker's Compensation case that I had we went to court in September but I haven't received my mone

The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More

Dennis Dascanio
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answered on Nov 25, 2024

Dear injured worker,

It is not unusual to have the insurance company issue payments towards a settlement without actually having a settlement. This does not mean that there won’t be a settlement at some point. If you had a knee replacement then you have a substantial Worker’s...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for New York on
Q: Workers Comp baring me from applying for SSDI?

I received a settlement offer from Worker's Comp.

However, there is a stipulation in the settlement paperwork that states that I can't apply for SSDI FOR AT LEAST 30 MONTHS AND CANNOT RETURN TO WORK TO THE SAME PLACE IFI ACCEPTTHIS OFFER. Is it legal to bar me from applying for... View More

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the challenges you're facing with your Workers' Compensation settlement. Navigating these complex issues can be stressful, and I hope the following information helps to clarify your concerns.

Disclaimer: This information is based on New York law and is...
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3 Answers | Asked in Workers' Compensation for California on
Q: Can I change my lawyer?

I was injured at work on August 13th, work has a policy where they can only accommodate me for 90 days with restrictions. My 90 days have come to an end and I still haven’t had any physical therapy nor an MRI. I did retain a lawyer and saw a new doctor but I haven’t seeing any progress. Now my... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on Nov 13, 2024

Hi there,

Yes, as the client, you have the absolute right to change lawyers at any time. Your concerns about your financial situation and medical recovery are legitimately, and should be taken seriously by your current attorney. I would start by having a conversation with them, and not...
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2 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on
Q: I filed retaliation termination and I got workers comp

I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Louis George Fazzi
Louis George Fazzi
answered on Nov 9, 2024

You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More

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3 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: I filed a claim for retaliation termination and I received works como but nothing on the wrongful termination

I just want to know if I’m suppose to file separately?

Neil Pedersen
Neil Pedersen
answered on Nov 9, 2024

You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your... View More

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Statute of limitations expired for medical care?

I was initially treated for a work related condition (carpal tunnel) in 2021, and since then was placed under reduced work hours with FML. I have never received benefits besides covering a few doctors appointments I had. My last office visit was in 2022, where the doctor updated my... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Nov 7, 2024

There are Statute of Limitations (SOL) in Florida specifically for work comp cases. One of those is that you have to see your doctor every year. If you don't, your case may be closed. HOWEVER, there are ways around violating the SOL meaning your case would still be open if one or more of them... View More

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