Lawyers, Answer Questions  & Get Points Log In
California Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for California on
Q: I was at a hotel for company business, I used the spa/pool. When leaving the spa to use the pool I slipped and fell

Face forward down the steps. My employer stated this was not a workers comp case since being at the hotel “ was like being at home and I was involved in a leisurely activity”.

Nancy J. Wallace
Nancy J. Wallace answered on Jul 31, 2020

Your employer is just WRONG. SKIP contact with this cheap boss and put everything IN WRITING to the Workers Comp Insurance Company listed on the poster in the 'conspicuous' location at the workplace (required by law). Here's the case where a guy dove in the shallow end of the pool... Read more »

3 Answers | Asked in Workers' Compensation for California on
Q: A workman's comp doctor just MMI me based on an 18 percentage with stipulations of no bending lifting more than 10 lbs

Or for more than 20 minutes per hour or sitting more than 20 so my question is I was told I was no longer able to do my job that I've been doing for 30 years and disability dropped temporary disability and gave me permanent disability based on 18%. My question is so if I'm not able to go... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jul 24, 2020

you need to consult with an experienced workers compensation attorney to assess if MMI is appropriate at this time, what you can do and cant do regarding work restrictions and what the most accurate permanent disability percent is. workers compensation is very complex and going cheap to save 15%... Read more »

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: My wc claim was denied at day 92. Decision date was set for 8th and the response letter was dated 10th.

What are my odds of having that denial deemed invalid? Carpal tunnel claim and anxiety.

Nancy J. Wallace
Nancy J. Wallace answered on Jul 21, 2020

To prove the defendant went passed the 90 days, you have to have PERFECT proof the employer had the written claim form on a certain date. Your testimony you gave it to someone on a date won't work, because the other guy will just claim you gave it 2 days later and the judge won't know... Read more »

View More Answers

3 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: I won my workers comp case after 2 yrs. & need to pursue the 132a that was filed. My lawyer doesn't handle 132a.

I'm having a tough time finding a lawyer to take my case. My employer pretextually discriminated against me & fired me for filing workers comp. I have a strong case. Any help would be much appreciated.

Neil Pedersen
Neil Pedersen answered on Jul 19, 2020

132a is only one of a couple of ways to pursue rights associated with being retaliated against for filing a workers compensation claim. In fact, depending on the financial and emotional distress losses associated with that wrongful conduct, pursuing the claim under Labor Code section 132a would be... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: What information do I have a right to request during a workers comp investigation and how long do they have to comply?

My supervisor was interviewed in the course of my workers comp claim investigation, do I have a right to request a summary or the recorded audio of that interview and if so, how long does my employer or the insurance company have to comply with my request for that interview? What other information... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jun 22, 2020

You don't have the right to the "work product" of the defense investigator/attorney UNLESS it is submitted to the reporting doctor for review and comment. YOU can set deposition of the supervisor, but you have to pay the court reporter hundreds for the original and a certified copy... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can a worker’s compensation claim in CA be open/valid if the employee has not filed or signed anything?

Does a works compensation claim go into effect the moment that I inform my employer of an injury and their paperwork is filed with the insurance company and before I even file my paperwork or sign any sort of documentation? And despite my not having filed a claim form or signing any other documents... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 20, 2020

There is absolutely nothing unlawful about your employer or its workers compensation insurance company and claims administrator immediately starting to investigate a claim of workplace injury once it is reported. If you have concerns about the insurer's actions, your best move is to hire a... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: Workman's Comp is now working with my attorney and WC Judge to come to a settlement. This is a four year situation.

my question (my attorney is out of town and not available to answer this question... Any. the case is about to be

settled. I was just informed by an x-co worker, that the company that this accident happened. WAS SOLD ON

FRIDAY! Will this effect the settlement outcome in any way?... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jun 16, 2020

only your attorney can provide you legal advise and information about your specific case. you will need to set an appointment to address your concerns with your attorney.

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: Do I have to accept what they offer?

If work comp just sends me a settlement check with no communication at all, do I have to accept it or can I negotiate the amount? How do they figure what the points are worth? How do they put a price on the loss of use of a body part?

Ronald Mahurin
Ronald Mahurin answered on Jun 6, 2020

Workers compensation insurance carriers are required by statute to make payments when specific events happen, for example you are found TTD, or MMI. The statutes require the carrier make a good faith effort to pay PD at the end of TTD if you are not working. So the check might not be a settlement... Read more »

View More Answers

4 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: If I become handicapped from my job and I habe a spinal cord injury and I'm in pain everyday and can never work again.

Is there anything I can do to sue for mental distress . my Employer took advantage of me and worked me to the core because I am Mexican. It doesnt sound right to just get a 132a case. I will never be the same. They purposely broke me down.

Neil Pedersen
Neil Pedersen answered on Jun 4, 2020

It is difficult to give you a helpful answer without knowing much more. There is a very bright line drawn that says any workplace injuries you suffer, even emotional distress, that is caused in the workplace must be handled within the workers compensation system. There are very limited exceptions... Read more »

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: I was sent back to work after 2 wks of work men's comp . How long will it take to make a offer to me for my injuries.
Haleh Shekarchian
Haleh Shekarchian answered on May 20, 2020

Worker’s compensation doctors are bias and they send you back to work even though in most case they shouldn’t. The law says you have to treat with them but the law allows you to be evaluated by a neutral doctor one time to know your true disability and your true need for future treatment. Once... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: I was sent back to work after 2 wks of work men's comp . How long will it take to make a offer to me for my injuries.

I been going to their Dr and therapy since March. Also how do they calculate a offer to me if they pay for my Dr Therapist medication and rides to my appointment s?

Haleh Shekarchian
Haleh Shekarchian answered on May 17, 2020

Worker’s compensation docotrs are very bias and they do return you to work even though they shouldn’t. In their final report they give you low percentage of disability and little need for future treatment. The law allows you to be evaluated by a neutral doctor to see what your true disability... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: witness affidavit question

I just asked a question. However... For upcoming Workman's comp trial coming soon...

my witness will not attend this trial! I had asked... upon this notarized witness statement..

Can this witness (arrived as I was pinned under a large erase board) witness did assist... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on May 15, 2020

All WCAB trials now are by telephone. Your witness MUST have access to a telephone!!! You will have to get the Judge's hearing line plus the access code and train your witness how to phone in and enter the code when the voice tells him to enter the code. OR bring your witness to your... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My job is decideing to open back up even tho it is a recreational center for swimming. According to the directions.

We are going to be giving job duties Far outside of what are initial hired position is. If we refuse to go back we will be let go, and unemployment will be informed that we refused work, and we will then loose are unemployment eligibility for refusing work Forced upon us even tho the work is not... Read more »

Neil Pedersen
Neil Pedersen answered on May 13, 2020

In California, you are considered to be employed at will unless you have an agreement to the contrary about that status with your employer. The employer of an at will employee has the absolute right to change the terms and conditions of employment, including job title and duties, at any time and... Read more »

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: I am preparing a "witness affidavit" statement. I am going to have it notarized.

Upcoming Workman's Comp trial. I am the Witness and am preparing a Affidavit that will be notarized.

I did not see the object fall on this person, but I was called by cell from the injured person. I went and

found this person under a large dry erase board on top of her. I... Read more »

Ronald Mahurin
Ronald Mahurin answered on May 12, 2020

You do not need to have the statement notarized, as a notary is irrelevant'. You need to add a verification stating

I (name) declare under penalty of perjury the above is true and correct except for those matters plead on information and belief and I believe them to be true....
Read more »

View More Answers

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Q: Short term disability application : workers comp related or not.

If one applies for short term disability (casdi) and marks it as NOT being related to a workers comp issue, does that automatically preclude a later finding that the injury was due to (at least in some part or exacerbated by) working conditions, or is that avenue closed?

I would rather... Read more »

Ronald Mahurin
Ronald Mahurin answered on May 4, 2020

The avenue is not closed, but gets big bumps. The first thing a defense attorney for the employer is going to produce is your SDI application for the court and say that you have no standing to file a WC case because the injury was not work related, as supported by your SDI application, which I... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: What are good reasons required for change of venue in california workers comp? I need to move 400 miles away.

I have psychological reasons: ptsd, anxiety & physical: back & knee that make travel difficult

Ronald Mahurin
Ronald Mahurin answered on May 4, 2020

All that is required is good cause. You file a petition with the presiding judge where the case is venued asking for it to be reassigned to another location. Therein you provide a statement on why the change is necessary. Absent objection from defendants, you should not have a problem.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can I get fired for taking a paid leave?

I first received two weeks of paid leave by Lowe’s due to my asthma and the corona virus spreading. A week before my leave was ending I was contacted by my HR representative in seeing if I’m good to return or wish to extend my leave to two more weeks. I chose the extension and will now be back... Read more »

Neil Pedersen
Neil Pedersen answered on May 3, 2020

Approval by corporate has no bearing. Whether terminating you for taking leave is unlawful depends on the reason for the leave. If your leave was because your doctor indicated you needed leave to address a medical issue, then the leave is legally protected and any retaliation directed at you for... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for California on
Q: Do any of the new acts (CARES, etc) in place protect new mothers who just ran out of their FMLA during this crisis?

My wife and I just had a baby in February, she ran out of her FMLA last week. She's a nurse who is staying home until this passes since we have an infant at home. So she's not technically unemployed, but they're now telling her she has to pay in for her insurance. Can they do this?... Read more »

Joel Perry Glaser
Joel Perry Glaser answered on Apr 10, 2020

The question is how long has your wife been off work and is she protected by laws other than FMLA, as well as entitled to temporary disability benefits while she recovers from childbirth. I recommend you contact an employer lawyer directly.

1 Answer | Asked in Workers' Compensation for California on
Q: What should I do about a separation letter,

I quit my job on March 30, 2020. I work remotely from home per owners request. I have worked for 7 years for a small construction company in Lafayette CA. He told me when I first started that since I didn't work 40 hours a week I was not entitled to OT pay. I found out recently the was not... Read more »

Ronald Mahurin
Ronald Mahurin answered on Apr 8, 2020

This is not workers compensation, but something entirely different. You have essentially admitted to multiple felonies and now want to find a way to get money from your employer. I think you need to start again under employment law.

2 Answers | Asked in Workers' Compensation and Employment Law for California on
Q: Can my job agency. Paid me to leave a job site

I work tru a job agency and its the second client i have reported for their abusive rude discriminatory behavior.. The 1st client the eeoc is gona put charges on their client... The Agency sends me to another client in which everything was fine tge client offers a hire position after 90 days or... Read more »

Neil Pedersen
Neil Pedersen answered on Apr 5, 2020

The answer to your question depends on the type of harassment you experienced. Being insulted, sabotaged, put down and otherwise harassed at work is not unlawful unless you can prove the motivation for that conduct is your membership in a protected class of people or because you engaged in legally... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.