Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I was involved in an auto accident on April 23, 2025, where another driver, who was on the job, swerved into my lane causing me to veer into his lane to avoid a head-on collision. He then swerved back and hit the gravel, fish-tailing and colliding with the driver's side of my car, totaling my... View More 
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answered on May 16, 2025
Thank you for sharing the details of the incident. We understand how stressful and overwhelming a situation like this can be, especially when it involves injuries to both yourself and your family members.
Based on the information you've provided, your inquiry involves complex legal and... View More
I am a Learning Trainer responsible for onboarding new hires and overseeing teachers, among other duties. The overwhelming workload has led to severe emotional and mental exhaustion over approximately 1 year and 2 months, with the most intense impact recently. I reported my concerns up the chain of... View More
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answered on May 8, 2025
Dear Injured Worker,
Based on the information provided, it appears that your mental stress may be work-related and, given that you have been employed with your current employer for at least six months, you may be eligible for Workers’ Compensation benefits. It is important that you retain... View More
I have a Workmen’s Comp case that has been open for 14 years after getting injured at work. My previous attorneys are no longer available, and currently, there's no interest from the claims adjuster at The Hartford in settling my medical case, despite my spine and nerve damage. Given that I... View More
answered on May 6, 2025
Hi there, in the event that you pass with an active workers' comp claim, the claims adjuster should pay to your estate the permanent disability benefits which have accrued and are unpaid. I understand that Hartford is unwilling to settle your medical, but you have other options to obtain a... View More
I have a Workmen’s Comp case that has been open for 14 years after getting injured at work. My previous attorneys are no longer available, and currently, there's no interest from the claims adjuster at The Hartford in settling my medical case, despite my spine and nerve damage. Given that I... View More
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answered on May 6, 2025
Dear injured worker,
Your son can be a beneficiary of your workers compensation benefits that have accumulated and have not yet been paid out at your death. Typically this applies to permanent disability that has not yet been paid out. Future medical care is not an accumulated benefit and... View More
I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More
answered on May 6, 2025
In California (where this post was seen) workers' compensation benefits are generally considered community property to the extent they compensate for lost wages or income during the marriage. However, if a portion of the settlement is intended for future income loss, disability, or medical... View More
I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More
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answered on May 6, 2025
Dear injured worker,
I am sorry to hear about your personal situation. The good news is that as a general rule workers compensation benefits are your separate property and not subject to community property distribution in a divorce. I recommend you confirm this with your divorce attorney or... View More
I'm seeking guidance on whether I can still apply for workers' compensation benefits after being released from prison. I missed the one-year deadline to file my application because I was incarcerated and subsequently denied. Is there any way to reopen my case or file for benefits despite... View More
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answered on May 3, 2025
Dear injured worker,
I am sorry to hear about your predicament. As a general rule incarceration is not a toll to the one year statue limitations for filing of a Workers' Compensation claim in California. There are rare exceptions such as mental or physical incapacity. If you believe... View More
I sustained a back injury at work, and my employer believes it might involve nerve damage. They have instructed me to visit my Primary Care Physician (PCP) before being sent to the company's doctors. Is it permissible for them to require this step under such circumstances?
answered on Apr 29, 2025
It is not the doctor you see that matters but who they bill. For potential work injuries, work comp insurance is the proper party to bill for medical services. If your employer is paying 100% of the bill then you can see any doctor. But the claim still needs to be filed with the insurance company... View More
I am experiencing health issues, such as rapidly elevated thyroid levels, hives, and disorientation, due to mold exposure in my workplace. Two weeks ago, during construction, a strong smell of chemicals or mold caused multiple employees to report symptoms like headaches and dizziness, yet no... View More
answered on Apr 24, 2025
You can report the dangerous workplace conditions to OSHA. As to your health related conditions, you make a claim for workers compensation benefits. Good luck to you.
I am experiencing health issues, such as rapidly elevated thyroid levels, hives, and disorientation, due to mold exposure in my workplace. Two weeks ago, during construction, a strong smell of chemicals or mold caused multiple employees to report symptoms like headaches and dizziness, yet no... View More
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answered on Apr 24, 2025
Dear concerned employee,
Your situation is unfortunate but not unusual. Fortunately, not all mold exposures lead to long-term health issues. Yours seems to be significant and should be of concern. You have the right to be compensated for any medical cost and disability for your time off of... View More
My adult daughter has been experiencing debilitating dizziness and head pressure for two years. After months of asking, Kaiser sent her to a neurologist in the summer of 2023, and she was told her MRI brain scan was normal. She recently had another MRI in February 2025, and the neurologist revealed... View More
answered on Apr 12, 2025
If there are additional harm caused from the failure to find and advise of the problem there could be a case.
First, there must be malpractice. Here it appears the doctors breached the standard of care.
An attorney would have to study what harm was caused by the breach and see if it... View More
I recently dismissed my attorney from my Workmen's Compensation case by sending a Notice of Dismissal with a cover sheet and Proof of Service. I processed all paperwork downtown and mailed out notices to all parties two days ago. However, I haven't received any documentation indicating my... View More
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answered on Apr 8, 2025
Dear injured worker,
It appears that you properly processed the paperwork however you want to be sure that it is processed through the WCAB as well. Also available to you at the WCAB is the Information and Assistance officer who is skilled in assisting individuals who are self represented.... View More
Macy’s in California. I had sick time available and PTO and sent a doctor’s note.
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answered on Mar 28, 2025
Dear concerned employee,
I understand your frustration with not getting your PTO or sick time when requested. My specialty is in workers compensation and this falls outside of my specialty. Additionally there are other factors that could affect your rights. My recommendation is that you... View More
I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More
answered on Mar 25, 2025
Each item listed on page 7, is an issue that you are agreeing to settle. So for example, if permanent disability is at issue in your case, and both parties initial that line, then the issue of permanent disability is settled upon approval of the compromise and release. The best practice would be... View More
I'm involved in a workers' compensation case that includes a Compromise and Release (C&R) agreement. On page 7 of the agreement, I'm asked to initial what applies in the settlement. I also have an ongoing civil lawsuit against my employer for wrongful termination, and I'm... View More
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answered on Mar 25, 2025
Dear concerned,
You are correct to be concerned that you do not prejudice any other claim you have against your employer. Initializing the boxes on page 7 of the compromise and release does not limit your ability to pursue a civil claim, however it can affect other discriminatory claims... View More
I have been awarded a Finding and Award from the WCAB on August 18th, 2023, but my employer has failed to pay. I filed with the local court, but they said the finding and award are not valid as it is not a judgment. My lawyer will not assist further and has archived my file. How can I collect the... View More
answered on Mar 15, 2025
Did you join the Uninsured Employers Benefits Trust Fund? If not, that is malpractice by your attorney. Once joined, this fund pays any award that the employer does not pay! You do not have to chase down the employer for payment. The fund pays you, then they try to collect from the employer.
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More
answered on Mar 6, 2025
Yes, your son likely has a strong medical malpractice case against the hospital and potentially other parties involved in his care. The key issues are the failure to properly clean and examine the wound before suturing, leading to retained foreign material (glass), subsequent infection, additional... View More
On January 1, 2025, a hospital sutured my son's hand with glass still inside. It became infected, leading to surgery on February 21, 2025. A hand surgeon at the Marina Wellness Clinic, affiliated with Highland Hospital, identified the glass on a CT scan during a visit on February 6, 2025.... View More
answered on Mar 6, 2025
It might be malpractice. For a malpractice case another doctor will have to testify the first doctor acted below the standard of care. The attorney will communicate with expert doctor's for that opinion.
There are also issues of future harm that are analyzed to determine if a case... View More
I was injured at work six months ago and didn't receive any documentation or report from my employer. Recently, I sprained my back after being asked to lift heavy cases, despite informing my assistant manager about the difficulty. I am now on workers' compensation and modified work, but... View More
answered on Mar 3, 2025
Go to the California Applicant Attorney Association or your local county bar for a list of attorneys practicing California workers compensation. At present you have two separate injuries and your case will be complicated by the fact that you did not file a claim form (DWC-1) in the first claim. It... View More
I was injured at work six months ago and didn't receive any documentation or report from my employer. Recently, I sprained my back after being asked to lift heavy cases, despite informing my assistant manager about the difficulty. I am now on workers' compensation and modified work, but... View More
answered on Mar 3, 2025
yes, you should hire an experienced workers compensation attorney to help you through the complex work comp process. The claims adjuster at the insurance company assigned to your case, is your opponent, your adversary. The insurance company has a legal obligation to the employer and shareholders of... View More
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