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
1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: I work at a company for 13 years after 7 years of working for this company and developed white lung

I worked in their warehouse bakery I was fired after 13 years because of a drug addiction that I had so the guilt in me did not try to collect compensation I know the statue of limitations is probably up it's been since 2001 but I'm still having respiratory issues is there anything I can... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 3, 2024

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

2 Answers | Asked in Workers' Compensation for California on
Q: MMI reached, doctor sent me for FCE. Both same conclusion. Can WC agent dispute both and terminate my APD benefits?

I have two separate doctor's and only one has submitted a final report. The agent said she doesn't believe either FCE doctor nor my spinal doctor.

WC Agent, without notice sent me a termination letter 2 weeks after being terminated for APD benefits. I have two doctors and she... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on Oct 3, 2024

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

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: Settlement from workers comp should I take it ?

I had over 100 pounds of box’s fall on top of me while delivering to a store. It not happend once but twice. I injured my right shoulder lower back neck and upper extremity. I had surgery on my right shoulder. I went to a QME and was given 35% full body permanent disability. 3% was my shoulder I... View More

Ronald Mahurin
Ronald Mahurin
answered on Sep 25, 2024

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

View More Answers

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Illinois on
Q: Can we appeal denied workers comp after being misdiagnosed for heart attack symptoms by employer's physicians?

My husband drives tractor trailers and was sent to the clinic by his employer for pain radiating from his back/chest and shoulder down his arm. They said it was a shoulder strain (even though he doesn't do any lifting) and put him on light duty. 5 days later, he went to the ER after work and... View More

Charles Candiano
Charles Candiano
answered on Sep 23, 2024

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

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Hello. I have a question in regards to hiring a different attorney on my workers comp case in Texas.What is the process?

My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 9, 2024

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

View More Answers

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Hello. I have a question in regards to hiring a different attorney on my workers comp case in Texas.What is the process?

My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More

John Michael Frick
John Michael Frick
answered on Sep 9, 2024

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.

View More Answers

1 Answer | Asked in Workers' Compensation for Texas on
Q: I have lifetime medical through Texas mutual workers Comp insurance and after five or six surgeries to my foot it finall

I have lifetime medical through Texas mutual workers Comp insurance and after five or six surgeries to my foot it finally had to be amputated. Am I entitled to further compensation for the loss of a foot

Turn Off Notifications

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Sep 9, 2024

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

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Q: I was fired from my job one week after filing a worker’s comp claim. Is this something an attorney needs to handle?

Physician ordered head CT scan and was approved by WC.

John Michael Frick
John Michael Frick
answered on Sep 4, 2024

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

1 Answer | Asked in Workers' Compensation for Nevada on
Q: I had carpal tunnel surgery 22 yrs ago thru workers comp. Claim was settled, but it's back. Can I reopen the case?

I have since retired from my job. originally the claim was for both wrists, but surgery was done on only one. It is back in both wrists. Not looking for more money, just maybe help with medical. Do I have any options?

Leonard Stone
Leonard Stone
answered on Aug 30, 2024

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

2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

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

View More Answers

2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Charles Candiano
Charles Candiano
answered on Aug 29, 2024

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

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: I’m currently under labor code 4850 and it was due to injury at work. The doctors say they can’t do anything for me

The probation dept is pushing me to return I have pain still in my wrist and still attending therapy for my hand what should I do it has been an injury that has lingered barely went on the 4850 since June.

Ronald Mahurin
Ronald Mahurin
answered on Sep 8, 2024

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

View More Answers

1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

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

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Had an accident at work on a Thursday. Wrote a statement. Boss didn't have me go to doctor or make formal claim.

Work thu small amount of discomfort on Friday. Over the weekend it gets worse. Monday go to doc appointment. And turn in my note. Am I at fault here.

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

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

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: I was injured at work by the skid steer operate with a faulty lever that was not fixed by the employer.

I was told to clean the excess dirt off of a bucket from a skid steer and the operator maybe through negligence closed the claws on me crushing me resulting in trauma to left shoulder and chest. The machine that caused the accident has had a bad lever (responsible for closing and opening the claws... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

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

1 Answer | Asked in Personal Injury and Workers' Compensation for Hawaii on
Q: Employer changed the "Location of Accident" on "WC-1 EMPLOYER’S REPORT OF INDUSTRIAL INJURY" is that against the law?

from a chemical contamination, air-polluted hazardous room to a breakroom.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

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

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can an employer be liable if an employee has a stroke at work

Employee was assigned additional physical duties that were outside of her assigned tasks.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: C&R, what can break this deal. I had injuries not reported, no pcp report, the comprimise was never given fired after

On workers comp for over year, injured 2 times on light duty from breaking my doctors rules, put on permn.and stationary even with my doctor filing for a knee scope operation. Denied, after 2nd injury sent home with no check for 4 months. At appeals for surgery i Inform the judge about my new... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label 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

1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Florida on
Q: How do I get money back from the department of revenue that was taken in a workman's compensation settlement via a lien

They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 24, 2024

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

Q: file complaint of discrimination; kicked off from break room; signed a Chemical contained room; got sick since, accused

After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.