California Workers' Compensation Questions & Answers

Q: I lost part of my finger working should i do workers comp or personal injury or both?

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Answered on May 27, 2017

Your exclusive remedy for such an injury at work is worker's compensation benefits. You should immediately contact an attorney with expertise handling worker's compensation matters for employees. Your medical expenses will be paid and you can receive disability benefits.

If your injury was caused by a defective machine where you worked, your worker's comp lawyer will advise you whether you have the right to sue the manufacturer of the defective machine outside of worker's comp....
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Q: Pettibone airial

1 Answer | Asked in Bankruptcy, Employment Law, Personal Injury and Workers' Compensation for California on
Answered on May 25, 2017

I cant' tell what you are asking about, or even when it happened. Please re-post with some details of what happened, when it happened and what your injuries are.
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Q: An employee has a heart attack on the job and neglected to advise his employer of his heart condition can they sue?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 24, 2017

If the employee can prove that the heart attack was caused by or contributed to by his work, s/he may have a valid worker's compensation claim. Worker's compensation is a no-fault system, and generally, an employer cannot sue her employee for failing to disclose a heart condition unless the employee was required to report the condition and willfully failed to do so to the employer's prejudice.

Particularly for truck drivers, good health is required to maintain a Class A driver's...
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Q: The job interview I went to, the job description sent to me, the offer to me, and the job I accepted was a..

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Employment Discrimination for California on
Answered on May 23, 2017

Sounds to me like fraud and breach of contract. I recommend you find a competent employment law firm to assist you with your claims.
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Q: What rights do employers have if you find out that an employee who's been let go is a habitual claimant?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 23, 2017

Past cases are typically irrelevant. The facts of the current case are crucial. Past case facts, if similar, might be used for impeachment purposes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
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Q: Was fired while after a workman comp doctor took me off work for a injury that happened at work. Do I have a case

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Answered on May 19, 2017

You have two cases at the same 'court' (administrative agency). You have a Labor Code 132a Violation to prosecute proving that only due to the requesting comp benefits you were terminated in retaliation (not because you failed to call and failed to show); PLUS you have a standard Workers Compensation Claim. BOTH are presented before the Workers Compensation Appeals Board. You should have a certified specialist in workers compensation law for both.
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Q: When my works comp says i waive the requirements of Labor code section 5313, what does that mean?

1 Answer | Asked in Workers' Compensation for California on
Answered on May 17, 2017

LC 5313 requires the WCAB Judge to make a finding and serve (mail out) that finding within 30 days of the matter being 'submitted'. This gives the judge up to 60 days to make her findings and award and mail out the decision.
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Q: Will my bi-weekly PD benifit payments continue until I receive my settlement check (compromise release)?

1 Answer | Asked in Workers' Compensation for California on
Answered on May 15, 2017

If still in negotiations and you are entitled to PD (still not paid full amount of %) you will be paid. However once a judge approves it you will not receive any further payments until you receive full value of your settlement. However the person to answer questions would be your attorney that is why he is taking 15% of your settlement. Good Luck!
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Q: In California, when injured at work, does your employer put you on FMLA or LOA?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 14, 2017

You get put in Workers Compensation benefits if you are entitled to them. If you are recovering from your injury while treating and cannot compete in the open labor market while you recover you get Total Temporary Disability benefits (2/3 of your paycheck before taxes). If you reached maximum medical improvement you get Permanent Disability up to the point of your % of disability. Talk to a WC attorney to help you guide you and protect your rights. Good Luck
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Q: Workers comp has me on 90 day delay for my benefits I applied for edd my doctor acknowledged in the application I was

2 Answers | Asked in Workers' Compensation for California on
Answered on May 14, 2017

Based on the facts it seems that they have not accepted or denied. If you are in denial time frame the Workers Comp Insurance is investigating the matter. Also regarding a pre-existing condition, the only person able to make that determination is a doctor. I would highly recommend you get a WC attorney. You pay no Upfront Cost and they only get paid if you recover. Good Luck>
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Q: My attorney recently told me to apply for edd insurance I got accepted doctor said I was injured at work workers comp

2 Answers | Asked in Workers' Compensation for California on
Answered on May 14, 2017

Impossible to answer your question with very limited information provided.
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Q: im injured and off work w dr notes but am going to drug treatment program unrelated to injury dr said my injury is wc

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 12, 2017

Drug use will not automatically exclude you from workers compensation benefits. Insurance company can claim an intoxication defense only IF THE INTOXICATION WAS THE CAUSE OF THE INJURY. Let me give you an example:

(1) Worker is loading merchandise. Co-worker does not see him and runs him over with forklift. Him being under the influence had nothing to do with his intoxication therefore they will not prevail with intoxication defense.

(2) Worker is walking and he starts to...
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Q: California: I've yet to be payed from my job, I quit. It's been two weeks since the pay period ended.

1 Answer | Asked in Employment Law, Workers' Compensation, Civil Rights and Federal Crimes for California on
Answered on May 12, 2017

Have you contacted them to find out the problem? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law....
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Q: Can an on the job injured employee(possible fraud) tell other co-workers details about their injury?

1 Answer | Asked in Employment Law, Small Claims and Workers' Compensation for California on
Answered on May 12, 2017

I see no problem with that unless there's a contractual agreement precluding that. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: What will be reason for uninsured fund in workmens comp in California to not pay the injured worker if case is proved

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 11, 2017

There are numerous reasons why the State of California uninsured employers fund might not pay a valid claim. Without more detailed information about your former employer, how you were injured, what court you filed your claim, etc. it is impossible to give more detailed information. If you want to provide more particulars, I would be happy to try to answer you further.
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Q: How do I sue someone?

1 Answer | Asked in Employment Law, Workers' Compensation, Collections and Employment Discrimination for California on
Answered on May 9, 2017

You should immediately contact the state Labor Commissioner. You can find him online at https://www.dir.ca.gov/dlse/DistrictOffices.htm. Copy and paste this link in your browser and you will be taken to the Labor Commissioner's web page. Find the Labor Commissioner's office in the nearest city to where you live. After you locate the nearest office, you can either call them or use the online forms to submit a wage claim. The Labor Commissioner will do everything for you. Make sure you inform the...
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Q: Out on Workmans Comp 1 yr 9 months 4 surgeries 2/3 pay does settlement have to pay lost wages for leave without pay?

1 Answer | Asked in Workers' Compensation for California on
Answered on May 9, 2017

Your TTD amount should take into consideration overtime. They will pay you 2/3 of your wages including 2/3 of overtime. So the answer is yes your attorney can file a DOR requesting a Expedited Trial to address such. You should get penalties and sanctions as well as per CA LC 5814. Good Luck.
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Q: Fell of ladder at work and back been hurting managers just laugh

2 Answers | Asked in Workers' Compensation for California on
Answered on May 7, 2017

Report the issue to the company's HR and file a workman's compensation claim. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: How liong does it take for a compromise & release after stipulated agreement? Employer cant accomodate my restrictions

2 Answers | Asked in Workers' Compensation and Employment Law for California on
Answered on May 6, 2017

That's not part of the litigation process but rather a negotiated agreement which can take as long as the parties want. If you don't like the wait, you can consider pressing forth with litigation with all its attendant risks.

See: http://www.aeesq.com/business-law/employment-lawyer/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
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Q: If your worker's comp claim is denied, can you appeal it in court?

2 Answers | Asked in Workers' Compensation for California on
Answered on May 5, 2017

The first thing you should do is go to a Worker's Compensation attorney and ask for help. You should not be charged out-of-pocket for any fees.
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