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Workers' Compensation Questions & Answers
1 Answer | Asked in Car Accidents, Insurance Defense, Libel & Slander and Workers' Compensation for Virginia on
Q: Can an car accident defense attorney subpoena previous/future jobs for medical records? Can the employers refuse?

I was struck by an angry Road rager on January 31st 2020. Of course the road ranger lied in court and pretended that we were both at fault. So the judge, confused, dismiss the case. I appealed, have no attorney, and now we are headed to trial soon. Ironically enough, when I finally found another... Read more »

Tim Akpinar
Tim Akpinar
answered on May 25, 2022

A Virginia attorney is going to need to advise here, but your post remains open for two weeks. Making the call you are describing is often not a simple thing. Although you contend that the incidents are separate, and they well may be, defense attorneys will typically summon medical records on the... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: I need some assistance to represent myself in a wc case! I have not been able to find an attorney to take over

there is a PFB already granted by the carrier, there is a pending mediation and evidentiary hearing but there is also a motion that my previous lawyer did not respond to and that among other discrepancies is the cause I'm orphan. I know it will be difficult to find new representation, but I... Read more »

Domenic J. Celeste
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Domenic J. Celeste
answered on May 24, 2022

There is no way that any attorney could give you guidance to represent yourself (nor should they) with the information that you provided. You NEED to immediately consult with an attorney that's licensed to practice law in Florida and that handles workers' compensation cases, especially... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Indiana on
Q: Workplace mental health issue

I have a question: I was working at a local small government entity as a director. The outgoing director and I formed a strong friendship that ended with a emotionally charged discussion between us before they left. In the course of this discussion, the person said, “I hope you don’t hang... Read more »

Charles Candiano
Charles Candiano
answered on May 24, 2022

At the time of the comment, you are both acting in your official capacity so Worker's Compensation would be your sole remedy. That said, Indiana's Worker's Compensation law does not recognize psychological injury so I honestly do not see any viable cause of action. I would urge you... Read more »

1 Answer | Asked in Workers' Compensation and Social Security for North Carolina on
Q: How does a lump sum worker's compensation settlement affect future SSDI monthly payments? Please see details.

Hello! My husband received a WC lump sum settlement of 155,000.It was structured that he will "receive" $119/wk for the next 25 years.(even though he already received it all in one sum) He made around $80k per year when working. If he files and wins his SSDI case, his monthly payment will... Read more »

David Gantt
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David Gantt
answered on May 24, 2022

Social Security Administration will not permit individuals to receive more than 80% of pre-injury monthly gross earnings from combined Workers' Compensation (WC) and Social Security Disability (SSD) payments. This policy was enacted to avoid the situation where injured workers are making more... Read more »

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Need Workmen Compensation Attorney for Morris County, NJ

I have an existing Workmen Compensation Claim.

During the process of the W.C. Claim, I found a Disability Attorney, and we had a simple exchange with him securing me full Disability on his initial submission.

Unfortunately, I had two very bad W.C. Attorneys (who were different... Read more »

Gerald D. Siegel
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Gerald D. Siegel
answered on May 20, 2022

The WC judge was kind to clear the slate for you!!

You should select a new attorney based upon their experience and their reviews.

You can select an attorney from anywhere in the state as 99% of WC is done remotely now, except for trials.

Gerald Siegel

1 Answer | Asked in Workers' Compensation for California on
Q: My husband died at work of cardiovascular disease.can I claim workers comdeath benefit in the company were his employed?
Nancy J. Wallace
Nancy J. Wallace
answered on May 19, 2022

YES you can file what we call a Workers Compensation Death Claim. It needs to be within one year of his passing. The insurer will most likely deny responsibility. Then all of the medical records are copied and given to a qualified medical evaluator. The Qualified Medical Evaluator may... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Louisiana on
Q: if get into a fight at work for defending myself. an i get injured doing the fight by falling and hitting my head.

is my workplace reliable for my injuries? Does my job have to compensate me for my doctor visits?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 19, 2022

If you were defending yourself, yes. If your job is giving you issues then you need to immediate consult with a workers' compensation attorney, or I recommend that you go ahead and do so---most in this area of practice will provide you a free consultation. Good luck.

1 Answer | Asked in Workers' Compensation for Indiana on
Q: What is the legal consequence when workers compensation fails to provide necessary medical care in IN?

Going on two years post ORIF. Failed to provide treatment for post op DVT (basically left me for dead), failed to provide any care for my related nerve damage or problematic hardware. Finally got them to send me to a new specialist who agrees there are all kinds of problems and ordered mri and emg.... Read more »

Charles Candiano
Charles Candiano
answered on May 19, 2022

Shame on you! You are a healthcare professional. There is no reason why you could not have worked with Worker's Compensation to coordinate any needed care. Indiana's Worker's Compensation board is not set up as a traditional, adversarial system. In Indiana, the employer has... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.

My checks are often 0 after all of the taxes paid on my tips. I am in California

Nancy J. Wallace
Nancy J. Wallace
answered on May 18, 2022

YIKES! If your checks are 0 you've got to revisit you withholding numbers with payroll!!! The California Labor Code just state "Average Weekly Earnings AT THE TIME OF INJURY" and the judges do that BEFORE DEDUCTIONS. So you add up Wages AND Tips before taxes/deductions. Many... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.

My checks are often 0 after all of the taxes paid on my tips. I am in California

Tim Rose
Tim Rose
answered on May 18, 2022

Yes. Workers comp considers all income - having it on your W2 just makes it easier to verify.

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2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B

I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.

Tim Rose
Tim Rose
answered on May 11, 2022

Not likely. Company B's insurance would cover your injuries and time off from both companies. But you would most likely not be able to sue Company A.

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2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B

I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.

Charles Candiano
Charles Candiano
answered on May 12, 2022

You posted this under Illinois Worker's Compensation law but you clearly state that you are not an employee of either company A nor company B. The Illinois Worker's Compensation act only applies to injuries that are sustained in the course and scope of one's employment. And injury... Read more »

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2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Drug test for delta 8?

I work at UPS and got injured on the job. They drug test anybody injured on the job to prove whether or not they were impaired. I use legal delta 8 THC, which shows up the same as illegal delta 9 THC on a drug test. They also use a urine test. Could they still deny me compensation/fire me even... Read more »

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on May 5, 2022

The answer depends. Assuming UPS has a valid no drug policy in place and that UPS can prove a valid "chain of custody" of the drug test sample, then there is a rebuttable presumption of impairment that can be overcome by showing evidence that you were not impaired.

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1 Answer | Asked in Workers' Compensation for California on
Q: can the defense lawyer write a letter saying he my lawyer and cancel my doctor's appointment for treatment

I'm in California and need help I've been having problems with my lawyer as well as the defense lawyer this my 2nd lawyer been with him for a year now and he don't have my file or any info he don't seem to know what's going on he going off what the deface lawyer i was... Read more »

Nancy J. Wallace
Nancy J. Wallace
answered on May 4, 2022

The defense lawyer is permitted to write any one, any where. If defense wishes to put the treating physician 'on notice' about the insurance paying the treatment bill, she is entitled to do so. Your attorney's approval or disapproval is not necessary. The solution is to elect a... Read more »

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Q: How can I sue my job for mental distress? I asked 3 law firms and they all denied me. They never asked for proof for

anything. They were both Personal injury and employment law firms. What can I do to get what I deserve.

James G. Ahlberg
James G. Ahlberg
answered on Apr 29, 2022

You need to talk to a workers' compensation lawyer.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: Need help with the process of presenting documents that was never presented to workercomop board. Priving I was coerced

Lawyer best recommendation

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Attorneys here can't reach out to you to offer their services or recommend other attorneys. The format here is limited to brief questions and answers. There are sites out there that function as attorney... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on
Q: I am currently towards the end of my lawsuit. I have had 2 surgieres on my right shoulder in two years and 1 on my left.

In my opionion I feel like my left arm recently had to have surgery because i over compensated it from having two surgeries on my right. I have talked to my lawyer & he keeps saying to have my doctor write it down. My surgeon only could say that it can be from over use and compensation but he... Read more »

Charles Candiano
Charles Candiano
answered on Apr 28, 2022

A Worker's Compensation claim is not a lawsuit. You need to have a conversation with your attorney about what relief you are seeking. In other words, are you seeking compensation for a "specific injury" (here, your shoulder); are you seeking compensation for loss of trade (the... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: I was hurt at work ended up with carpal tunnel, then fell and hit my head. Also feel intimidated by my Boss as well

After hurting my hand and having carpal tunnel surgery I was in the enterance of the store were I dont really know what happen next I was on the floor with my head bleeding all I was doing was helping a customer get out the door, the door did not open and is still broken to this day. Was taken to... Read more »

Charles Candiano
Charles Candiano
answered on Apr 27, 2022

I am not addressing the friction with your supervisor. If you wish to address that, you should speak with someone who concentrates on employment law.

I am addressing your work injuries. You do not tell us how you injured your hand. From your description, I will assume that it was a single...
Read more »

3 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Fired while on probation for "no reason" in California while having a workers comp claim? Do I have a case?

I was on probation for 5 months. Got injured on the job and was out for 4 months. Came back to work for 10 days, and was fired for "no reason". I still have the workers comp claim and am no longer being paid. I never called out or had a bad thing said about me until I came back to work... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Apr 26, 2022

It is possible that the employer's conduct may have been unlawful here; however, more information needs to be known in order to fully understand your case. I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment... Read more »

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1 Answer | Asked in Employment Law, Employment Discrimination and Workers' Compensation for California on
Q: I need legal help I was recently injured at work. A manager at a different store is going around saying I faked it.

I told the adjusters something in confidence and the other store managers going around telling other employees that I faked getting injured at work even though I had a witness and I had a previous injury in a different state years ago where a customer ran me over in the parking lot and she's... Read more »

Neil Pedersen
Neil Pedersen
answered on Apr 25, 2022

Tell your workers compensation attorney about this. If you do not have a workers compensation attorney, you need to get one right away. Do not let the company and its workers compensation attorney cheat you out of what you deserve, and don't let this kind of retaliation go on without an... Read more »

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