California Workers' Compensation Questions & Answers

Q: Would it be beneficial to get a second opinion in a WC case?

1 Answer | Asked in Workers' Compensation for California on
Answered on May 20, 2016

In general, I say that getting multiple opinions on anything is a good thing. Obviously, though, I have no idea whether getting a second opinion is a good idea in your specific case.

Getting another opinion costs money, of course. You have to decide whether that cost is worth it.

Andy
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Q: Hello. I need your help. I just started to work at a restaurant from a month ago. Salary suppose to paid every 2 weeks,

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 20, 2016

The details of your case will be very important and your description is a bit confusing. The problems you describe (e.g. not being paid on time despite being promised it, not receiving breaks, not getting overtime, etc) is very, very, very, very, very common in the restaurant business. I've done several cases involving unpaid restaurant workers like you.

If the problems you describe can be proven in some way (this is not easy, but also rarely impossible), the law will likely be on your...
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Q: once I'm declared permanent stationary.. how long will it be before I'm cut off of temporary total disability?

1 Answer | Asked in Workers' Compensation for California on
Answered on Feb 28, 2016

6 months or longer if you aren't up to regular range of motion.
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Q: I received Worker's Compensation pay while off of work due to an injury. Will I be required to repay that money?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 2, 2015

Probably not. Workers compensation is precisely for that: lost wages for being off work due to a work-related injury (as well as medical expenses).
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Q: I am unable to attend drill due to a neck injury what can I do to prevent me from furthering injury if they request me

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 13, 2015

Drill? What do you mean by that? If you are on bedrest, then they cannot expect much more from you.
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Q: Can a roofing company charge the client for workmans compensation insurance for its workers?

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 19, 2015

Perhaps because the roofing company is just starting out, and have not needed such coverage before. I would require proof that the company is bonded before agreeing to the estimate. Also, of course, ask why overhead such as these insurance premiums are not amortized among all of the company's jobs, not just your one. If you don't get a satisfactory explanation, don't award the contract to his company.
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Q: Just reached Signing WC settlement offer, after one month of insurance getting it ready to be signed why they dint?

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 9, 2015

You have to ask your own attorney about all of this.
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Q: Settlement letter from my attorney.

1 Answer | Asked in Workers' Compensation for California on
Answered on May 13, 2015

Your lawyer is the only one who knows what's going on. Keep trying to call him... sent him emails.. if need be, send him a certified letter asking that he call you immediately.

Q: Hurt my back on the job, and receiving workers' comp. My employer wants me to come back to work, what do I do?

1 Answer | Asked in Workers' Compensation for California on
Answered on Apr 10, 2015

Your doctor not your employer decides when you should return to work. I suggest you contact a California workers' compensation attorney because the law differs from state to state. If your doctor has released you, even to light duty, and the employer is ready for your return in Montana you would need to return to work or risk losing your wage loss benefits in the future.

Q: If I own a business and my children work there, am I required to carry workman's comp. on them?

1 Answer | Asked in Workers' Compensation for California on
Answered on Feb 24, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should carry worker's comp insurance for all employees.

Q: is it possible to get records of past Workman's Compensation cases?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 18, 2015

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You can contact the doctor's office and request copies of your file. It may well be that they do not keep records dating back to 1979. If they do, they should be able to make copies for you and ask you to cover the duplication costs. Be sure to consult your own attorney to protect your legal rights.

Q: what do you do if your work comp lawyer has passed away

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 28, 2014

Ask for a delay in the proceedings so that you can go find a other lawyer. Hopefully your lawyer had colleagues or staff from which you can get your case file.

Andy

Q: I have wc case my lawyer not keeping informed on the case can I fire him without paying him if I hire a new lawyer? I

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 28, 2014

You can certainly fire your lawyer at any time, but you need to pay him for all the work he has done up to that point. If you and he dispute the value of the work done up to that point, then the two of you need to go to mediation or arbitration to resolve that. Unless he did absolutely nothing at all on your case, the odds of you being able to fire him without paying him a cent are next to nil.

Andy

Q: off work because my employer has no modified duty after a work related injury, who pays my portion of medical benefits

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 23, 2014

If youe claimed injury is admitted by the carrier, you should incur no costs for treatment. If the claim is denied and you are seeking treatment through your regular medical provider you might be asked for co-pays, but you can send copies of the co-pay receipts to the carrier for reimbursement. In sum, under California law the injured worker does not pay for medical treatment. Look up the Multiple Physician Network MPN for your carrier if the claim is admitted and select a physician in the...

Q: Can a PTD decision be reversed if one is able to return to the workforce 20 years after the injury?

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 11, 2012

In some states, maybe, if you have a change of circumstance. Contact a California attorney immediately. I only practice in Illinois.

Q: What can I do if I was hurt at work?

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 11, 2012

I am sorry you were injured. In my states once you are off work for a period of days and/or your employer cannot offer light duty work then they must pay you. Also, if you have a union contract it may provide for better pay. Talk to a California work comp attorney ASAP as I am not licensed in your state. I wish you a speedy recovery.

Q: In California, must a Judge Sign Workman's Comp Subpoena Duces Tecum for Psychiatric Records release?

1 Answer | Asked in Workers' Compensation for California on
Answered on Oct 11, 2012

In most states you need a special motion and/or order with permission from you and/or your attorney to get psych records. This is true in Illinois. I do not practice in California. Contact a California attorney ASAP if you do not have one.

Q: Do i need to sign a release for my information to be released to my attorney?

1 Answer | Asked in Workers' Compensation for California on
Answered on Sep 7, 2012

You should really ask your attorney about this. That's what s/he is there for.

Assuming you are referring to healthcare information? I can tell you that there are some strong privacy laws out there to protect your private health information. Providers won't share that information without your permission which is the purpose of the release.

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Q: I filed a workers comp case and my employer told me to change the date or he will file extortion on me. Can he do that?

1 Answer | Asked in Workers' Compensation for California on
Answered on Aug 8, 2012

The employer can allege extortion, but I am not certain how far such a claim will go. First, if the amount of money involved is small, the District Attorney and/or state of California might decide it is not worth their time to prosecute such a claim and that assumes that extortion can even be proven.

I assume the date you chose is supportable by fact. If so, then I think you should be fine. It is not extortion if the date is correct and the employer simply doesn't like it because it is...

Q: What do I do if I can't appear on date for which I've gotten a subpoena?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jul 23, 2012

Call the attorney listed on the subpoena immediately. Otherwise, show the subpoena to your boss at work and tell them it is a legal document (if proper subpoena)and tell them you need time off of work. Sometimes the attorney requesting you can get another date. Do NOT ignore the subpoena.

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