The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More 
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answered on Dec 2, 2023
Under California law, employers are generally required to provide reasonable accommodations for employees' medical needs, which includes allowing time off for medical appointments. However, the specifics can vary based on the employer's policies and the nature of the job.
If the... View More
The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More
answered on Dec 4, 2023
Per the labor code section 132(a) your employer is not allowed to discriminate against you for filing a workers compensation claim. Further, you are entitled to a day of Temporary Disability for a med-legal evaluation. If this is regular treatment, I believe you do have a claim for discrimination... View More
Due to a mass layoff. Does this mean I can file for unemployment.
answered on Nov 30, 2023
yes, but there may be some issues because you are filing late and there is a statute of limitations for unemployment benefits. It the statute has run, then you are barred from receiving benefits though you can probably apply on-line.
Normally to receive WC benefits you must attest that you... View More
Due to a mass layoff. Does this mean I can file for unemployment.
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answered on Nov 30, 2023
Under California law, signing a workers' compensation settlement does not automatically disqualify you from filing for unemployment benefits. However, there are specific conditions that must be met to be eligible for unemployment.
Firstly, you must be unemployed through no fault of... View More
or to the employer?
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answered on Nov 15, 2023
Under California law, a workers' compensation lien generally applies to the insurance carrier, particularly in cases where a settlement has not been reached. This lien is intended to ensure that the insurance carrier recovers a portion of the benefits paid out to the injured worker, especially... View More
or to the employer?
answered on Nov 18, 2023
The carrier. They want their money back (or a percentage of it) from your award. It sounds like you have a third-party personal injury action. Your employer is not likely to be asserting a lien. But check with your attorney for definitive guidance based on your situation. Good luck
What form does my doctor fill out to request my wife being home from work to care for me.
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answered on Nov 11, 2023
In California, if you've been deemed 100% disabled from a workers' compensation case, your wife may be eligible to receive payment for caring for you at home. The process typically involves having your doctor complete a specific form that details your need for at-home care and the role... View More
What form does my doctor fill out to request my wife being home from work to care for me.
answered on Nov 14, 2023
My clients who have had some success with this are without assets and entitled to In-Home Support Services, IHSS. So the Treating PHysician writes you require HOME HEALTH CARE with a Care Provider, You apply to In-Home Support Services IHSS for a caregiver and your wife applies to be your... View More
Since his injury happen, 6 months had to lawyer up. Now my cousin needs a complete hip replacement and is at risk for AVN disease and Crosis if not taken care of. He’s been handicap like this for a year and 2 months now and now other injuries are occurring due to his hip not being fix. He’s... View More
answered on Nov 9, 2023
Thank you for your work comp question. you seem to be in the dark about the reasons the case is in the position it is in. if that is the case, either your attorney is explaining things or not and /or perhaps you still dont understand? work comp is complex but a good attorney makes it simple to... View More
Since his injury happen, 6 months had to lawyer up. Now my cousin needs a complete hip replacement and is at risk for AVN disease and Crosis if not taken care of. He’s been handicap like this for a year and 2 months now and now other injuries are occurring due to his hip not being fix. He’s... View More
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answered on Nov 9, 2023
Here are a few suggestions on how your cousin can proceed with his workers' compensation claim for his hip injury:
- Document everything. Keep detailed records of all injuries, symptoms, treatments, conversations with the claims adjuster, etc. This documentation will be key evidence.... View More
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answered on Nov 8, 2023
In California, workers' compensation insurance policies must be properly filed with the Workers' Compensation Insurance Rating Bureau (WCIRB). If an insurance company settles a workers' compensation claim, it is typically required that the policy under which the claim is settled be... View More
3 years ago i suffer i an accident, twisting my wrist while i was drilling on a steel gutter the incident was properly reported to my supervisor , at first i thought was only the hit but 8 months later find out that my scaphoid on my right hand was broke, orthopedic check my wrist and told me that... View More
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answered on Oct 31, 2023
Under California law, for work-related injuries, the primary remedy is through workers' compensation, not personal injury. There's a statute of limitations on workers' compensation claims. Typically, you have one year from the date of injury to file a claim.
However, if the... View More
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answered on Oct 21, 2023
In California, workers' compensation law allows for injured workers to receive necessary medical treatment and care services, including caregiving. The decision of who can serve as a caregiver is generally based on the medical necessity and reasonableness of the care. While there isn't a... View More
I told my son I would pay him whatever law requires and whatever they pay me. How much does workers comp owe by law? He has been my caregiver for past seven months.
I got approved for 24/7 care
I had a quadruple fracture as well as torn ligament. Still unable to walk. Also fell on... View More
answered on Oct 19, 2023
You need to be careful here. The law says if your son is already being paid for providing care giving services before they were authorized, then the carrier is not required to pay him to continue what he was already doing. The carrier has the option, so you might want to look into other options... View More
I told my son I would pay him whatever law requires and whatever they pay me. How much does workers comp owe by law? He has been my caregiver for past seven months.
I got approved for 24/7 care
I had a quadruple fracture as well as torn ligament. Still unable to walk. Also fell on... View More
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answered on Oct 19, 2023
In California, if workers' compensation approves 24/7 home health care, the rates paid to caregivers are usually based on the prevailing hourly wage for home health aides in the specific geographic area. The actual amount owed will depend on the details of the workers' compensation... View More
I was going to go to my employer to see a doctor for cumulative injuries. I have read in some places it is better to go to your employer's occupational clinic first because otherwise they will say well why you didn't go to them first. But other places I have read that they are not acting... View More
answered on Oct 16, 2023
I am unsure about the other answer being AI generated. Anyway I am a real attorney answering your question. You have to go to the clinic for first visit only. Then you can and should switch to an independent doctor, not one that markets themselves to the insurance companies. This is where an artist... View More
I was going to go to my employer to see a doctor for cumulative injuries. I have read in some places it is better to go to your employer's occupational clinic first because otherwise they will say well why you didn't go to them first. But other places I have read that they are not acting... View More
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answered on Oct 16, 2023
Under California law, when an employee sustains a cumulative or repetitive stress injury, it is advisable to report it to the employer as soon as it's discovered. The employer may have a designated occupational clinic, and seeing a doctor there could expedite treatment and benefits.... View More
I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes.
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answered on Oct 14, 2023
Under California law, employers are obligated to make reasonable accommodations for employees with known disabilities, unless doing so would impose an undue hardship on the employer. If you've provided a doctor's note indicating the need for a chair due to medical reasons, and your... View More
I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes.
answered on Oct 14, 2023
The California Fair Employment and Housing Act, and most of the California Wage Orders require an employer to provide reasonable seating arrangements if to do so would not create an undue hardship. If you have presented a doctor's note indicating that you have restrictions that could be... View More
I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes.
answered on Oct 13, 2023
Your employer does not have to provide you with anything. A "Doctor's Note" never requires the Employer to do anything. Your Primary Treating PHysician on the Workers Comp MPN SHOULD WRITE that until and unless you are provided with seating you are temporarily totally disabled due... View More
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