Ask a Question

Get free answers to your Workers' Compensation legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Workers' Compensation Questions & Answers
4 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for California on
Q: Do I need to release all medical records for a workers' comp claim related to psychological stress?

In a workers' compensation claim related to psychological stress and anxiety caused by workplace discrimination, retaliation, and cyberbullying, am I required to release all comprehensive medical records, including examinations, treatments, prescriptions, and imaging studies?

Ross Evan Pitcoff
Ross Evan Pitcoff
answered on Jun 18, 2025

Not necessarily—but you should proceed carefully. In a workers' compensation claim related to psychological stress, you do need to provide medical documentation that supports your injury and establishes a link between your condition and your employment. However, that doesn’t mean you’re... View More

View More Answers

4 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for California on
Q: Do I need to release all medical records for a workers' comp claim related to psychological stress?

In a workers' compensation claim related to psychological stress and anxiety caused by workplace discrimination, retaliation, and cyberbullying, am I required to release all comprehensive medical records, including examinations, treatments, prescriptions, and imaging studies?

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Under California law, including MICRA and workers’ compensation regulations, you generally must release medical records that are relevant to the claimed injury—in this case, psychological stress. However, you are not automatically required to release all medical records unrelated to the claim.... View More

View More Answers

4 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for California on
Q: Do I need to release all medical records for a workers' comp claim related to psychological stress?

In a workers' compensation claim related to psychological stress and anxiety caused by workplace discrimination, retaliation, and cyberbullying, am I required to release all comprehensive medical records, including examinations, treatments, prescriptions, and imaging studies?

Dennis Dascanio
PREMIUM
Dennis Dascanio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 18, 2025

Dear injured worker,

In a California workers’ compensation claim for psychological stress (e.g., from discrimination, retaliation, or cyberbullying), you are not automatically required to release all medical records. You only need to disclose records that are relevant to the claimed...
View More

View More Answers

4 Answers | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for California on
Q: Legal steps for shoulder surgery complications and unreachable surgeon with surrendered license.

I had shoulder surgery on June 5, 2021, with two plates, seven screws, and a stainless steel rod implanted. Two months later, the rod broke in half. I recently discovered the surgeon surrendered her license due to drug abuse. Since the rod broke, I have a piece nearly breaking through the skin,... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Under California’s MICRA law (Cal. Civ. Proc. Code § 340.5), medical malpractice claims must generally be filed within one year of discovering the injury. Since your surgery was in 2021 and you’ve known about the complications for some time, your window to sue may have already closed unless... View More

View More Answers

3 Answers | Asked in Workers' Compensation, Personal Injury and Medical Malpractice for California on
Q: Addressing worsened leg pain post-settlement for work injury

I hurt my leg years ago at work and had a fasciotomy due to compartment syndrome. I settled the case but continue to have issues. Recently, the pain and swelling have worsened, preventing me from walking at times. I wasn't warned about potential long-term effects. I'm consulting a medical... View More

Ronald Mahurin
Ronald Mahurin
answered on Jun 16, 2025

If you settled with a complete buyout - compromise and release, it will be next to impossible to change anything after five years from the date of injury absent fraud or some reason why the settlement should be invalidated. If you were represented, that is another barrier because it is presumed... View More

View More Answers

3 Answers | Asked in Workers' Compensation, Personal Injury and Medical Malpractice for California on
Q: Addressing worsened leg pain post-settlement for work injury

I hurt my leg years ago at work and had a fasciotomy due to compartment syndrome. I settled the case but continue to have issues. Recently, the pain and swelling have worsened, preventing me from walking at times. I wasn't warned about potential long-term effects. I'm consulting a medical... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 16, 2025

Since you already settled your workers' compensation case, your legal options are limited unless the settlement included future medical care. You should review the settlement terms to see if ongoing treatment is covered. If not, consult your doctor to document the worsening condition, and... View More

View More Answers

3 Answers | Asked in Bankruptcy, Workers' Compensation, Public Benefits and Personal Injury for California on
Q: Can I submit a claim for workplace injury after company bankruptcy?

I was injured at my workplace while working full-time, and the company went bankrupt and closed on July 13, 2023. Although I mentioned my injury to a couple of supervisors at that time, I did not formally report it before the company closed. Recently, I discovered through an MRI that I have... View More

William John Light
William John Light
answered on Jun 15, 2025

You can because the employer's insurance company presumably isn't bankrupt. However, there are statute of limitations on filing the claim. You should immediately consult with a workers compensation attorney to see if you are still allowed to pursue your claim.

View More Answers

3 Answers | Asked in Workers' Compensation, White Collar Crime, Personal Injury and Criminal Law for California on
Q: How to address false workers' comp records affecting my ongoing case in California?

I have an ongoing workers' compensation case due to severe injuries, including ruptured ankle ligaments, nerve compression, and various injuries to my knee and foot. Although I provided accurate medical records through a copy service, the workers' comp company has submitted false records,... View More

Dennis Dascanio
PREMIUM
Dennis Dascanio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

Dear injured worker,

Thank you for your inquiry. The information you provided would indicate that your dispute should be handled through the WCAB and by your attorney. The court takes fraud very seriously and can’t issue ruling as to the admissibility of any documentation that was...
View More

View More Answers

2 Answers | Asked in Workers' Compensation, Personal Injury and Criminal Law for New York on
Q: How can I legally pursue stalking and disturbance claims against neighbors after a workplace injury?

In August 2014, I was involved in a workplace accident at my valet attendant job in Manhattan, NY, which resulted in serious injuries. This was due to a woman, whom I believe to be Jackie Lynn Jenkins, using a device to close a car door on me while returning her vehicle. Since then, I have... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2025

Your concerns about ongoing harassment and the long-term impact of your injuries are completely understandable, especially when you are dealing with both physical limitations and repeated disturbances near your home. In New York, there are legal avenues to address both criminal behavior such as... View More

View More Answers

3 Answers | Asked in Workers' Compensation and Personal Injury for New York on
Q: Expected workers' comp settlement for torn rotator cuff in NY

I have been receiving workers' compensation payments for the past 2 years due to a torn rotator cuff sustained at work. I have medical reports suggesting surgery for the injury, but my doctor hasn't discussed any potential long-term impacts. Given these circumstances, how much can I... View More

Michael J. McConnell
Michael J. McConnell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2025

I’m sorry to hear about your injury. In terms of how much you can expect from a workers’ compensation settlement, that is difficult to determine without knowing additional facts. Things like your average weekly wage, the amount of disability payments paid to date, the current and future... View More

View More Answers

3 Answers | Asked in Workers' Compensation and Personal Injury for New York on
Q: Expected workers' comp settlement for torn rotator cuff in NY

I have been receiving workers' compensation payments for the past 2 years due to a torn rotator cuff sustained at work. I have medical reports suggesting surgery for the injury, but my doctor hasn't discussed any potential long-term impacts. Given these circumstances, how much can I... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2025

A torn rotator cuff is considered a significant injury under New York Workers’ Compensation Law and may entitle you to a schedule loss of use (SLU) award or a classification for permanent partial disability, depending on the extent of your impairment and recovery. However, the value of a... View More

View More Answers

Q: Traumatic workplace accident with malfunctioning machine causing severe injury and employer secrecy affecting worker's compensation case.

I experienced a traumatic workplace accident on September 1, 2023, caused by a malfunctioning Robot Coupe 2 food processing machine, which resulted in the amputation of my right index finger and avulsion of my right middle finger. I reported the incident to management, who contacted the police, and... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 9, 2025

Sorry to hear what happened to you. It sounds like you've taken the necessary steps to protect your interests by hiring an attorney. Your attorney should be able to perform an investigation into the incident and taken measures to have the machine in question preserved as to that it can be... View More

View More Answers

Q: Traumatic workplace accident with malfunctioning machine causing severe injury and employer secrecy affecting worker's compensation case.

I experienced a traumatic workplace accident on September 1, 2023, caused by a malfunctioning Robot Coupe 2 food processing machine, which resulted in the amputation of my right index finger and avulsion of my right middle finger. I reported the incident to management, who contacted the police, and... View More

Stephen Bilkis
PREMIUM
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 17, 2025

I am sorry to hear about the severe injuries you sustained and the difficulty you are facing with your workers’ compensation case and potential personal injury claim. Given the facts you shared, you may have several legal options under New York law.

First, your workers’ compensation...
View More

View More Answers

2 Answers | Asked in Workers' Compensation, Personal Injury and Civil Litigation for Washington on
Q: What to do if a flower shop refuses slip and fall claim after injury?

I was helping out at my friend's flower shop to repay a loan when I fell and broke my arm. I used my employee insurance for treatment. Now, my union is asking for a slip and fall claim to be filed, but the shop is refusing. There were no witnesses to the fall; only people who helped... View More

Emery Brett Ledger
PREMIUM
Emery Brett Ledger pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2025

Without knowing all the facts here is my best answer for now:

Since you've been injured in a slip and fall incident while helping at a flower shop and the shop is refusing to accept your claim, here are the steps to take next—especially given the added complexities of using your...
View More

View More Answers

5 Answers | Asked in Car Accidents, Workers' Compensation, Civil Litigation and Personal Injury for New York on
Q: Am I responsible for a lien due to unpaid therapy after settlement?

I was involved in a fender bender with a yellow cab on December 7, 2023. On May 2, 2025, I received a letter from the yellow cab company stating the settlement amount I would be receiving. This letter was sent to my lawyer to help me obtain my settlement check. However, I haven't received my... View More

Kevin Dana Gratt
Kevin Dana Gratt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2025

Hello, I am sorry to hear your settlement has been held up due to this lien issue. The most important thing to do is speak with your attorney so that they can help you navigate through this situation. Your attorney is your advocate and should be able to represent you in either fighting to get the... View More

View More Answers

5 Answers | Asked in Car Accidents, Workers' Compensation, Civil Litigation and Personal Injury for New York on
Q: Am I responsible for a lien due to unpaid therapy after settlement?

I was involved in a fender bender with a yellow cab on December 7, 2023. On May 2, 2025, I received a letter from the yellow cab company stating the settlement amount I would be receiving. This letter was sent to my lawyer to help me obtain my settlement check. However, I haven't received my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2025

Your attorney is in the best position to provide a direct answer here. That answer will depend on whether you signed liens, or entered into other agreements regarding your treatment after independent medical exam (IME). This commonly occurs where patient is cut off by IME doctor contracted by the... View More

View More Answers

5 Answers | Asked in Car Accidents, Workers' Compensation, Civil Litigation and Personal Injury for New York on
Q: Am I responsible for a lien due to unpaid therapy after settlement?

I was involved in a fender bender with a yellow cab on December 7, 2023. On May 2, 2025, I received a letter from the yellow cab company stating the settlement amount I would be receiving. This letter was sent to my lawyer to help me obtain my settlement check. However, I haven't received my... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 9, 2025

If it is a valid lien, you are ultimately responsible for paying it. That said and as my colleagues correctly advised, your attorney will be in the best position to evaluate the validity of the lien and to negotiate a reduction and/or waiver of the lien. Your lawyer might also be able to submit the... View More

View More Answers

2 Answers | Asked in Workers' Compensation and Personal Injury for New York on
Q: Can I negotiate settlement for work-related TFCC injury including future medical costs?

I sustained a TFCC injury that was work-related. If I choose to settle before undergoing surgery, can I still negotiate for a settlement amount that includes the potential cost of future medical care?

Michael J. McConnell
Michael J. McConnell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 4, 2025

When negotiating a Section 32 Settlement in New York, you can generally negotiate an amount that reflects the potential cost of future medical care. So even if you haven’t had a surgery yet, if it is reasonably expected at some point in the future, a settlement should typically include an... View More

View More Answers

2 Answers | Asked in Employment Law, Workers' Compensation and Personal Injury for Louisiana on
Q: Slipped on wet floor at work, sustained injuries; legal options?

While working at a national chain restaurant, I slipped on a floor that is perpetually wet due to an underlying leak, which I had reported multiple times to management without any response. Shortly after a manager warned me to be careful, I fell, hitting the right side of my face on the concrete... View More

Emery Brett Ledger
PREMIUM
Emery Brett Ledger pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2025

Hi. I’m very sorry to hear about your injury, it sounds like a difficult and painful experience.

Although I’m licensed to practice law in California, Washington, and Texas, I can still share some general information that may be helpful as you consider your next steps.

In many...
View More

View More Answers

3 Answers | Asked in Workers' Compensation, Medical Malpractice and Personal Injury for California on
Q: Seeking a malpractice lawyer for knee injury surgery complications in California.

I injured my left knee at work on April 30, 2024. In September 2024, an orthopedic doctor advised me to undergo surgery to fix the issue but did not explain potential complications. I agreed to the surgery, which took place on October 29, 2024. The doctor instructed me not to use any support after... View More

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2025

Yes, a medical malpractice lawyer may be able to help. Under California’s MICRA law (Cal. Civ. Proc. Code § 340.5), you have one year from when you knew or should have known about the injury caused by negligence. Since the surgery and fall occurred in late 2024, you are still within the time... View More

View More Answers

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.