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Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Does workers' comp cover travel to and from a work location that isn't my main designated place of work?

Contract employer wrote this in offer: "annualized salary of $100,000 (based on working 40 hours/week) + annualized bonus $10,000 (based on working 40 hours/week) and company offered benefits-The annualized bonus covers any expense that may incur as a part of fulfilling job including but not... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Oct 24, 2021

I'm not sure your question belongs in the workers' compensation section as I don't see anything about you being injured on the job. However, if you were injured, you should look into a free consultation with an attorney licensed to practice law in Florida and who regularly handles... Read more »

1 Answer | Asked in Family Law and Workers' Compensation for Oklahoma on
Q: Prior of death a person was receiving unemployment benefits; is a family member entitled to these benefits after death?

Can you give me the statue of this law to the question in Oklahoma.

Charles Watts
Charles Watts answered on Oct 24, 2021

Unemployment is payable to an eligible employee, not to heirs or their estate. Therefore when the employee dies they are no longer an eligible employee and the payments must stop.

1 Answer | Asked in Workers' Compensation for California on
Q: How many years can I go back on a workers comp. claim. I never received a closed claim letter in Seattle WA..

The investigation was found in my favor by their investigator .

Nancy J. Wallace
Nancy J. Wallace answered on Oct 21, 2021

There is no code section requiring any 'closed claim' letter. If "go back" means to appeal a judge's decision at trial, you had 20 days from date the decision was mailed out. If this was a settlement you signed, you had 25 days from the date the judge's Order... Read more »

1 Answer | Asked in Divorce, Estate Planning, Family Law and Workers' Compensation for Virginia on
Q: What happens when someone's in the process of getting a divorce by a online divorce site but passes before its processed

My fiancée passed away and he had filed for divorce but he was told he had to send $66 more and then the papers would be mailed out but he passed before he could pay the $66 can i do anything to stop his wife from getting his Medicare set aside assistance because he didn't want her to have... Read more »

Richard Sternberg
Richard Sternberg answered on Oct 21, 2021

She is the widow, and you are not.

3 Answers | Asked in Personal Injury, Workers' Compensation and Civil Rights for California on
Q: An event coordinator made my server dig through the garbage despite covid. I want to pursue this.

An event coordinator made my server dig through the garbage despite covid. I asked her where the trash was to be put, she said over there and pointed to a trash barrel While server food to guests she came and got my server and he had to dig in trash where people are throwing their dirty plates and... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Oct 19, 2021

Was this 'coordinator' the Employer/Supervisor of the server redirected to the trash? If not, this worker should have declined; if he becomes ill, he can pursue a Personal Injury claim against the Coordinator. If there IS an employment relationship between the Coordinator and the... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: do I have to release all medical records for the past 10 years for a tennis elbow injury? I work in warehouse?

They are asking for any doctor or physician visit or claim since 2011. I’ve worked at the same company for 6 years doing a lot of arm and hand motion.

Nancy J. Wallace
Nancy J. Wallace answered on Oct 18, 2021

Sadly, YES. You can try to oppose this, have all records copied and delivered to the Workers Comp Judge to review and ask that the comp judge deliver only the relevant records to the defense. BUT that takes weeks and months and the insurer will likely stop providing benefits while you oppose... Read more »

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2 Answers | Asked in Workers' Compensation for California on
Q: do I have to release all medical records for the past 10 years for a tennis elbow injury? I work in warehouse?

They are asking for any doctor or physician visit or claim since 2011. I’ve worked at the same company for 6 years doing a lot of arm and hand motion.

Domingo R. Castillo
Domingo R. Castillo answered on Oct 19, 2021

You can limit the information that the insurance carrier obtains and restrict any and all psychological treatment or med care. This also is an opportunity to reflect and review all prior injuries that may have occurred at your job. Unfortunately most insurance companies will look for any reason to... Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: Workers Compensation

why my workers comp attorney won't send my personal injury attorney my file case?

Domenic J. Celeste
Domenic J. Celeste answered on Oct 18, 2021

Without more information, it's difficult to answer this question. There can be a host of reasons such as your work comp attorney wanting to be paid by your personal injury attorney for documents that he/she will be producing, etc. Really, though, your work comp and personal injury attorneys... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Illinois on
Q: Can you negotiate a new union contract before the old one has expired if it is in the best interest of the workers ?

I am part of a labor union in Illinois. Since COVID, we have lost many co-workers and applicants to higher-paying non-union jobs in our field. Our contract is not up until January, but if it keeps going this way, we will have no labor force left by then because we cannot stay competitive pay-wise.... Read more »

Charles Candiano
Charles Candiano answered on Oct 12, 2021

This is a contract law question. Workers' Compensation is an area of law that deals with work-related injuries. Whenever BOTH parties to a contract WANT to make a changes (irrespective of reason), they certainly may.

The Union's response should be "Your hands are NOT tied...
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1 Answer | Asked in Real Estate Law and Workers' Compensation for Illinois on
Q: Can HOA require landscaper working on patio submit proof of workers comp? Liability & homeowner umbrella already sent

This requirement is not specifically called out in the bylaws or process for approval. Prior recent like requests were not subject to this requirement and no update to bylaws were made between requests

Erik K Jacobs
Erik K Jacobs answered on Oct 8, 2021

I'm not sure that requiring a contractor who performs work on the premises would be in any association's bylaws. Generally, the Bylaws are just the rules for governing the association. That being said, this is simply just a good business practice.

1 Answer | Asked in Employment Law, Contracts and Workers' Compensation for Indiana on
Q: Can a place of employment make you sign another offer letter after they got the pay rate wrong on the first?

A company I work for is being bought/transitioned to a new company. Employees are being encouraged to transition over as well, with better pay rates. They have sent out employment offer letters to each employee to sign detailing their individualized pay rates. I received my first one and signed it... Read more »

Charles Candiano
Charles Candiano answered on Oct 7, 2021

This is question of Contract Law. Workers' Compensation deals exclusively with work-related injuries. If you were offered $16.30 per hour and you accepted that rate of pay, the must pay you $16.30 for all hours worked from the date you accepted the offer to the date that they changed their... Read more »

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: if you get injured at work and off on workers comp can you still sue for you injuries

fell off a ladder at a property while doing my job

Timothy Belt
Timothy Belt answered on Oct 6, 2021

If you are injured at work, your only remedy against your employer or a coworker would be through workers' compensation. If you are a sub-contractor, or if your employer does not have workers' compensation insurance, you may be able to pursue a personal injury claim against them... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: I want to know if I can do something since I came with a life plan for me and my daughter

A cleaning company brought me with a tourist visa to work for 700 dollars a week over time, I accepted and came to South Carolina, they paid me 11.50 an hour and they charged me rent and transportation, they offered to return the investment. of the tickets and they did not, they fired me from work... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Oct 4, 2021

I'm not exactly sure what you are asking. You want to file a complaint for what and to whom? Do you mean you want to sue the cleaning company for not paying you something? Did you have a contract with this cleaning company? Did they pay you anything? A lot more information is needed to provide... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: What is the penalty, if any, in AZ for failure to abide by a judicially approved stipulation in a work comp case?

The insurance company stipulated in writing to provide among many other things, an electric cart to a disabled employee as part of a settlement that included an award for future medical support care. The stipulations were approved by the Industrial Commission. Now, three years later the insurance... Read more »

Joel Friedman
Joel Friedman answered on Oct 3, 2021

Thank you for your inquiry. There is no automatic right to the same medical benefits permanently and there is no automatic penalty. if benefits are being denied the first option is to request a hearing investigation under ARS 23 1061J. The industrial commission will send a notice to the insurance... Read more »

1 Answer | Asked in Workers' Compensation for Georgia on
Q: In a worker’s comp case how much say does your attorney have in deciding when you can go back to work?

My doctor has already released me to go back on light duty.

Tristan Blain Morrison
Tristan Blain Morrison answered on Sep 28, 2021

Your lawyer has more influence over your return to work than you might imagine, but less than you might want. The person who has the most control over whether you return to work is your authorized treating doctor ("ATP"). However, a good local attorney has a lot of relationships with... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers Comp Contract

I have a question. If I agree to a lump sum settlement and told my lawyer to sign it instead of me signing it at a mediation but end up emailing my lawyer telling him I changed my mind two hours letter about the settlement. Do I have to settle for whatever amount was given to me or Is the contract... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Oct 2, 2021

Florida Workers' comp is a little different in that it's typical to allow your attorney to sign on your behalf on the mediation agreement. If you truly do not want to proceed with the settlement and you've asked your lawyer to try and back out of the settlement, what may happen is... Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers Comp Contract

I have a question. If I agree to a lump sum settlement and told my lawyer to sign it instead of me signing it at a mediation but end up emailing my lawyer telling him I changed my mind two hours letter about the settlement. Do I have to settle for whatever amount was given to me or Is the contract... Read more »

Linda Liang
Linda Liang answered on Sep 27, 2021

This sounds odd. An attorney has no authority to simply sign a settlement for a client by virtue of being an attorney. With that being said, the settlement agreement if there is one, should be unenforceable.

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3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Hi I have a Work Comp case currently the questions I have, what do you do when you haven't talk to your attorney

In months and they haven't responded to you about your case moving forward

Timothy Belt
Timothy Belt answered on Sep 20, 2021

Call them up and demand a meeting. If they refuse, you have a right to take your file and go to another firm. The claim is yours, not the attorney's.

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1 Answer | Asked in Employment Law, Legal Malpractice and Workers' Compensation for Minnesota on
Q: Are mandatory tip pooling and taking away tips from others if unsatisfied with the work legal?

Employer is doing madatory tip pooling, along with giving our tips to the following morning shift if not satisfied by our work at the end of the night. The daughter of the owner's works mainly morning shift almost everyday. Most of the emplyees are minors including me. There are about 18... Read more »

Paul Lelii
Paul Lelii answered on Sep 20, 2021

You should make your parents aware of this matter and if they choose, they can call me to discuss your options. Another avenue is to have your parents contact the MN Department of Labor and Industry's wage and hour division. Hope that helps. leliilaw.com

1 Answer | Asked in Workers' Compensation, Civil Rights, Constitutional Law and Federal Crimes for California on
Q: Employer wants employee's medical info without medical release, is that legal?

Employer wants to know specific medical information about employee. Employer and employee have not consented into any release of medical information about employee? Is this a violation under HIPPA and california state law?

Nancy J. Wallace
Nancy J. Wallace answered on Sep 16, 2021

This is listed in WORKERS COMPENSATION so I'll have to presume there is an on-the-job-injury and the worker has placed her physical condition in issue requesting treatment and disability payments; when there is a WCAB Case Number, the subpena service can get those records because the injured... Read more »

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