You are right that the applicable limitations period is PROBABLY expired, but reliable legal advice on whether any particular issue/dispute definitely is or is not still within the applicable limitations period is something that must be asked for by picking up the phone and speaking directly to a... View More

Hi there,

Your question is actually quite complex. In a California workers' compensation case, there are different scenarios where you will receive permanent, partial disability payments. The maximum rate of these payments is $290 per week. The length of time you receive these... View More

So you had surgery on a shoulder and were given 3%, the rest or 32% pertains to your low back and neck. Something is off. In fact, your question cannot be answered because there is not enough information. For example, are you close to Medicare age? If so, there must be a medicare set aside. If... View More

To be compensable under the Illinois Worker's Compensation Act, an illness or injury must be caused or contributed to by a person's work. On your facts, your husband does no lifting or other strenuous work beyond driving. On your facts, your husband's heart attack cannot be... View More

While you are always free to fire and then hire a new workers' comp attorney, the 2nd attorney will, in many cases, not be willing to represent you because you have to make sure your first attorney doesn't have a big attorney fee bill that needs to be satisfied first. Attorneys like to... View More

A client can fire his own attorney at any time for any reason. The old attorney will still be entitled to compensation for services rendered up to the date of his termination. A new attorney often will not agree to take over a case until you have first paid the previous attorney as agreed.

You are still entitled to reasonable and necessary medical care only. If you have not had an impairment rating and/or it's still within 90 days, you could challenge the rating and obtain a higher rating. I don't know if you have other injuries, that would qualify you for lifetime income... View More

It is illegal to terminate an employee in retaliation for filing a WC claim. The timing raises the suspicion that you were terminated for filing your workers compensation claim. Of course, there may be other legitimate reasons why you were terminated. For example, an employee may be terminated... View More

In Nevada, the Workers' Compensation system allows for the reopening of claims, even after a significant amount of time has passed since the settlement of the original claim. Because your carpal tunnel condition has returned, you should seek medical assistance.

To reopen a claim, you... View More

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry this happened. If the nurse you describe is yourself, I hope you are okay. It could depend on injuries, time lost from work, level and permanence of any disability incurred, and other factors. One... View More

I don't mean to be flippant, but the only legitimate answer to your question would be a comprehensive "how to do it" book on Worker's Compensation injuries. It is not "rocket science," but it can be unbelievably complicated. To make the calculation, an attorney would... View More

In this situation you have three options.

1) Do nothing

2) Change Treating physicians to someone who has a different approach, perhaps switch from ortho to pain management or another physician who will give you a second opinion on treatment

3) Request a Panel QME for a... View More

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

A Virginia attorney could advise best, but your question remains open for three weeks. No, you aren't at fault. You did the right thing by reporting the accident and seeking a medical evaluation. I hope you are okay, but if you are still in pain or discomfort, and believe you will need further... View More

Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More

A Hawaii attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a workers' comp attorney, as a general matter, it could be. It depends on the setting - and whether it was done as an innocent correction (clerical related) or something... View More

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answered on Jun 30, 2024

To address this question, let's consider a few key points:

1. Employer liability: An employer can potentially be liable if an employee suffers a stroke at work, but it depends on the specific circumstances.

2. Workers' compensation: In California, most work-related... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 29, 2024

I understand you're in a difficult situation with your workers' compensation case. Let me break down the key points and provide some general information:

1. Compromise and Release (C&R) agreements:

A C&R is a final settlement of a workers' compensation claim.... View More

You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More

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answered on Jun 21, 2024

Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:

1. Document everything: Keep detailed records of all incidents, communications, and any evidence... View More