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I was injured on the job at Bank of America in October 2019 - severe concussion. They have done a poor job with my treatment. I was being treated by Med 7 (minor emergency) Doctors telling me to touch my nose and walk a straight line and go home and rest. Then basically forgetting about my case.... View More 
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answered on Jan 16, 2025
Dear concerned injured worker,
Head injuries are some of the most complex injuries to diagnose and treat, especially in the workers compensation medical care system. I would strongly urge you not to accept the payout if that means a resignation of your job or if you have not been properly... View More
So I’ve never done anything like this or have dealt with lawyers or anything but everyone tells me I should talk to one do to what happened to me I was on a jobsite outside of Redding CA for my company but we were working on a PGE site, the company I worked for we built and service transformers... View More
answered on Jan 9, 2025
Because you were injured on the job, you should consider speaking with a Workers Compensation attorney to address any medical costs and your pain and possible future effects on your body from the incident. You can also report the safety violation to OSHA if you wish to do so to prevent future... View More
It turns out my current lawyer is not acting for my best interest at all and is intentionally misleading and misrepresenting me. Other WC lawyers won’t take my case because they would do more work and get paid less. This is why I thought maybe I should look for pro bono lawyers who are looking... View More
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answered on Dec 24, 2024
Dear injured worker,
I am sorry that you have encountered difficulties with the attorney you hired. You have two options available to you if you cannot find another attorney to take the case. The first is to contact your local Bar Association and ask for the Lawyer Referral service. Many... View More
QME doctor stated in his report that in his medical opinion, my injury was mishandled. His report indicated a lot of things that should have been done for me. (You have to read his report, he was very agitated that my hip fracture was not caught). Doctor did not take x rays of my hip, but 5 months... View More
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answered on Dec 21, 2024
Dear injured worker,
Your situation is very unfortunate and not uncommon to have misdiagnosis within the Workers’ Compensation system. Beyond the regular Workers’ Compensation benefits of medical care, temporary disability and permanent disability, you may have an action against the... View More
My lawyer is telling me to go on medical and have them pay my hardware removal. Feeling kinda sketchy about that. I broke my ankle in the parking my employee provides for me, I was just taking a walk and the concrete was uneven and that’s when I fell and it was bimalleolar fracture. Screws on... View More
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answered on Dec 20, 2024
Dear Injured Worker,
It is difficult to evaluate the value of a claim without the opportunity to review the medical records. However, the fact that you still have screws in your ankle would indicate that your claim has a higher value than $38,500. It is not unusual to seek a second opinion... View More
I’m not sure what to do I’m 29 years old with screws and rods in her ankle.
answered on Dec 19, 2024
You are not required to give up your right to medical care for your work injury. The settlement is likely based upon the findings of a Qualified Medical Evaluator (QME). The QME will help determine the value of your case by addressing your periods of temporary disability, level of permanent... View More
The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More
answered on Nov 25, 2024
1) Contact your attorney.
You say you resolved your case including a payout plus retroactive TTD. The court by default gives defendants 30 days to pay an award. After 30 days you are entitled to penalties and interest.
Cash the checks.
WC payments are tax fee, not... View More
The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More
answered on Nov 25, 2024
Hi there,
From your question, it sounds like the communication between you and your attorney is not very good. You should have a complete understanding of what went on at the hearing, what money you can expect to receive, and why you are receiving it. You should also definitely be cashing... View More
The day we went to court, which was September 19. The attorney told me that I would be receiving 26,800+ dollars plus the insurance company would compensate me for my time after I had my surgery because I had to have knee replacement I haven't received anything But the little checks that the... View More
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answered on Nov 25, 2024
Dear injured worker,
It is not unusual to have the insurance company issue payments towards a settlement without actually having a settlement. This does not mean that there won’t be a settlement at some point. If you had a knee replacement then you have a substantial Worker’s... View More
I was injured at work on August 13th, work has a policy where they can only accommodate me for 90 days with restrictions. My 90 days have come to an end and I still haven’t had any physical therapy nor an MRI. I did retain a lawyer and saw a new doctor but I haven’t seeing any progress. Now my... View More
answered on Nov 13, 2024
Hi there,
Yes, as the client, you have the absolute right to change lawyers at any time. Your concerns about your financial situation and medical recovery are legitimately, and should be taken seriously by your current attorney. I would start by having a conversation with them, and not... View More
I wanted to ask if I can still file on the retaliation cuz I was treated wrong snd I hurt myself as well but I got settlement for my injury so can I file for the retaliation still!
answered on Nov 9, 2024
The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More
I just want to know if I’m suppose to file separately?
answered on Nov 9, 2024
You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More
I just want to know if I’m suppose to file separately?
answered on Nov 9, 2024
You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your... View More
So it’s a workers comp case wrongful term they want to add and misclassification but attorney. Is not consistent just need advice
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answered on Oct 29, 2024
Selecting an attorney is an important decision, as whomever you engage will hold your legal interests, either as a person or a business, in their hands. It is critical to hire an attorney who is not only competent and trustworthy, but also one who will listen to you to determine the best way of... View More
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
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
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
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
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.
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
Employee was assigned additional physical duties that were outside of her assigned tasks.
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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
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
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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
I allowed him to stay in one of my homes rent free while he worked for me. Workmans comp Covers his wages but not housing. Am I just stuck in this situation until he is cleared to work. It has been over a year and he had no injuries that require surgery. I'm at a loss.
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answered on Jun 17, 2024
I'm sorry to hear about the difficult situation you're in. Under California law, employers are generally not required to provide housing or pay for utilities for injured employees, even if the employee was previously provided with housing as part of their employment.... View More
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