Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Your current state is Ohio
I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my... View More

answered on Apr 8, 2025
Dear injured worker,
It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented.... View More
I am concerned about the management of my late son's life insurance policy benefits. He worked for the federal Department of Defense and did not designate a beneficiary, so the primary beneficiaries are his minor children. His mother was supposed to establish a Thrift Savings Plan to hold the... View More

answered on Apr 3, 2025
I doubt you have any legal standing here. And there are probably no causes of actions available. If a crime occurred, the SOL has run for both State and Federal, and that was probably what should have been looked into. If the Policy has already been paid out, then there are not any "next... View More
I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More

answered on Mar 29, 2025
Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.
You won't hear... View More
I discovered that my ex-husband lied about his marital status during our divorce, and I was not included in the real estate deed despite being married to him at the time. The houses were not included in the divorce decree, and I believe the title companies did not use my divorce decree for... View More

answered on Mar 28, 2025
Michigan had abolished 'dower rights' for spouses back in 2016. "Dower" was a legal right that gave a wife an interest in her husband's real property for her lifetime, usually up to a 1/3 interest in the real estate. So with regards to any real estate that your husband may... View More
Macy’s in California. I had sick time available and PTO and sent a doctor’s note.

answered on Mar 28, 2025
Dear concerned employee,
I understand your frustration with not getting your PTO or sick time when requested. My specialty is in workers compensation and this falls outside of my specialty. Additionally there are other factors that could affect your rights. My recommendation is that you... View More
I was involved in a work accident on 11/15/2024, which resulted in extensive damage to my 4th toe on my left foot, including nerve damage, debridement, and a permanently shorter toe. Despite filing a workers' compensation claim, I believe the insurance company is at fault for delaying my... View More

answered on Mar 25, 2025
The delay in treatment may, possibly, be insurance bad faith and a claim would be outside the work injury case. The WC claim will compensate you for damage to your toe or foot as it is after all treatment is finished, and the amount also depends on your ability or inability to go back to the job... View More
I was run over by a snowcat at work, requiring hip surgery and leading to ongoing medical treatment. I'm part of a union and filed a workers' compensation claim that is still ongoing. My employer has kept me on light duty for two years but hasn't offered a full-time position or... View More

answered on Mar 25, 2025
Good afternoon. Your question is about more than a workers' compensation (WC) claim, and potentially involves additional or separate rights you may have under the collective bargaining agreement (contract) between your employer and the union, and possibly rights you may have under the... View More
I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More

answered on Mar 25, 2025
Each item listed on page 7, is an issue that you are agreeing to settle. So for example, if permanent disability is at issue in your case, and both parties initial that line, then the issue of permanent disability is settled upon approval of the compromise and release. The best practice would be... View More
I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More

answered on Mar 25, 2025
Dear concerned,
You are correct to be concerned that you do not prejudice any other claim you have against your employer. Initializing the boxes on page 7 of the compromise and release does not limit your ability to pursue a civil claim, however it can affect other discriminatory claims... View More
I have been cleared to return to work after a workers' compensation claim. Am I required to inform the workers' compensation insurance company about my new employer if I haven't informed anyone yet, there are no continuing benefits, and there were no specific instructions given... View More

answered on Mar 24, 2025
If you are not currently receiving wage loss benefits, you are not required to proactively inform the carrier of the new employer. If you receive reporting forms, you will then need to include the new employer in your response on those forms.
Can a company in Indiana deduct my vacation time to cover days while I'm on workers' compensation and terminate my employment after issues with those deductions? My employer took five days of PTO while I was on workers' compensation. HR said there's nothing they can do about... View More

answered on Mar 23, 2025
Your question is confusing. I don't know whether you're saying that you were paid for the 5 days or not. In Indiana, the employer doesn't have to pay you For the first 7 days unless you are off work for 21 days or longer due to your injury. If your injury was disputed and/or you... View More
My job is having me taking care of electrolyte waste, toxic waste, flammable liquid, flammable solid, aerosol flammable gas, cathode slurry, anode slurry, phosphoric acid solution, UN1805, UN3175, UN2924, UN3077, xylene, UN2811, etc. I am doing all this job without proper PPE, without proper... View More

answered on Mar 20, 2025
A Nevada attorney could advise best, but your question remains open for a week. Those are some nasty substances you're dealing with. Some of the things you mention are general headings for waste streams, but they can pose health risks, depending on their concentrations and your level of... View More
I have been awarded a Finding and Award from the WCAB on August 18th, 2023, but my employer has failed to pay. I filed with the local court, but they said the finding and award are not valid as it is not a judgment. My lawyer will not assist further and has archived my file. How can I collect the... View More

answered on Mar 15, 2025
Did you join the Uninsured Employers Benefits Trust Fund? If not, that is malpractice by your attorney. Once joined, this fund pays any award that the employer does not pay! You do not have to chase down the employer for payment. The fund pays you, then they try to collect from the employer.
I have been dealing with a stalking issue involving Jackie Lynn Jenkins and Mr. Joseph since 2014. They currently live next to me at 169-03 89 Ave, Jamaica, Queens, NY 11432. I have video evidence showing a woman with a mysterious device, and I've involved law enforcement, including the 103rd... View More

answered on Mar 11, 2025
I’m sorry to hear about the distress you’re experiencing. Stalking is a serious matter, and it’s good that you’ve involved law enforcement to address the situation. In New York, stalking involves intentionally following or engaging in a course of conduct that causes the victim to fear for... View More
I injured my hip in a car accident a year ago and received two workers' compensation checks. A lawyer informed me that I am required to undergo a range of motion exam, and if I don't comply, workers' compensation in New York might reclaim the money I received. I'm confused about... View More

answered on Mar 10, 2025
Generally speaking, your receipt of workers' compensation benefits (and no-fault benefits) is contingent upon your appearance for a physical examination with the insurance company's doctor (oftentimes more than once). How the physician conducts the actual examination is up to the... View More
I was in a car wreck in October 2024, in which I was at fault, and I sustained severe injuries including a broken femur, back, ribs, jaw, and a brain bleed. I underwent surgeries for these injuries and have been in rehab for my thigh. Post-accident, I have been advised not to lift more than 25 lbs,... View More

answered on Mar 10, 2025
You can apply for SSD. It matters not hurt. You cannot use an attorney the first time you apply. If you get turned down, you have 90 days within which to apply for what is called reconsideration. At that point, you can get an attorney. I do wish you the best.
I reported the non-custodial parent is receiving workers' compensation benefits from the U.S. Department of Labor, which he hasn't reported. This was reported three months ago. The last two hearings resulted in either an increased obligation for the non-custodial parent or keeping the... View More

answered on Mar 9, 2025
When any Court issues a child support Order, it is ordinarily forwarded to the employer of the party responsible for payment. The funds are then deducted from that person's paycheck. If the employee is injured and eligible for Workers' Compensation benefits, the employer is obligated to... View More
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More

answered on Mar 6, 2025
Yes, your son likely has a strong medical malpractice case against the hospital and potentially other parties involved in his care. The key issues are the failure to properly clean and examine the wound before suturing, leading to retained foreign material (glass), subsequent infection, additional... View More
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More

answered on Mar 6, 2025
It might be malpractice. For a malpractice case another doctor will have to testify the first doctor acted below the standard of care. The attorney will communicate with expert doctor's for that opinion.
There are also issues of future harm that are analyzed to determine if a case... View More
I signed a stipulation regarding my workers' compensation claim three months ago, which stated that it resolves with finality any and all pending claims for benefits. Recently, I've received an impairment rating. What does this stipulation mean for my current situation and any potential... View More

answered on Mar 7, 2025
Dear Sir or Madam:
If you signed a full and final settlement agreement for your work injury three months ago that was approved by the Virginia Workers Compensation Commission for your work injury, then your claim for that work injury most likely has ended. You can contact the Commission at... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.