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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?
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 
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?
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
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?
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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
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
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
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
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
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
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
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
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.
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
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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
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
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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
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
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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
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
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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
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
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
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
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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
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
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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
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
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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
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
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
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
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
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?
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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
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
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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
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
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
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