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Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation on
Q: My employer is not providing what he promised, What should I do?

On dated 02 April, My employer fired me, when I was working from home and said I will give you two months' salary as compensation in a month's time and my experience letter and payslips in a week's time. Which he hasn't provided yet. I have a company's laptop with me which... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 2, 2020

Your employer is required to pay you for all the hours you performed work, so if he is still withholding pay from you, you are entitled to your unpaid wages for work you performed. However, employers are not required to offer any kind of severance benefits (pay after employment ends). If this... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: I got bit by a dog at work and he fractured my thumb I went to the doctor through workers comp and my case is closed now

I still don't have full use of my thumb, my bone is looks like it has arthritis now but the doctor said it's because of my age ,is there anything I can do?

S. Michael Graham
S. Michael Graham answered on Jun 2, 2020

You have the right to seek reasonable and necessary medical care for your thumb. You also have the right to receive a permanent impairment rating for your thumb. If you would like help with this process, feel free to contact me as follows:

email: smgesq6060@sbcglobal.net

ph. 214-358-6060

1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Private Short Term Disability and Worker's Compensation Payments.

Hello,

I contracted COVID-19 from my work as a Nurse. I stayed in bed for a week and then 18 days in the ICU. I am on home O2 Therapy for the present time as I continue to suffer from significant shortness of breath among other issues.

A Worker's compensation case has been... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on May 31, 2020

You'd want to make sure that each of these providers -workers compensation and the two private disability insurers- are aware that you are receiving or have been approved for other benefits, and the amounts. The long-term effects of covid-19 are still under investigation may take years to... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Social Security and Workers' Compensation for New York on
Q: is my wife entitled to any part of my Veterans Disability & Workers Compensation?
George E. Patsis
George E. Patsis answered on May 30, 2020

Are you divorcing? Please re-post with more details.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Testing me for marijuana years after the initial incident.

I had a work injury a few years ago. I would like to start smoking weed, as it is legal and would help with my injury, can they stop paying my workmans comp if I start smoking weed?

Richard K. Johnson
Richard K. Johnson answered on May 29, 2020

I am not sure from your question whether you have had the Illinois Workers' Compensation Commission issue an award or if you are still on weekly benefits due to temporary total disability. However, the general answer is that since cannabis is a legal substance, as long as the doctor does not... Read more »

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 »

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Q: Buenas tardes , quisiera saber como me puedo asesorar para demandar una compañia que me despidió injustificadamente
S. Michael Graham
S. Michael Graham answered on May 18, 2020

Hola Me LLamo Michael Graham. Si puedo llamar mi officina es mejor. No hablo mucho espanol. Si tiene una persona qua habla English para eusted es mas mejor. Gracias.

1 Answer | Asked in Workers' Compensation and Business Law for New Jersey on
Q: I worked or a company of food delivery and they were cutting our money

then they sent some checks. for me they sent an email they say they will send me a check of $13 But i'm sure it was more than $13 i heard some drivres they hire a lower and they get more than that

Gerald D. Siegel
Gerald D. Siegel answered on May 18, 2020

This is not workers comp. It is more in the field of wage and hour compliance. Google the NJ Department of Labor. Go to the tab on Worker Protection and wage and hour compliance will pop up. That will make for good background reading. if you don't have the answer after that contact a wage... Read more »

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I am a relatively new employee of Costco and believe I was injured because of the job; can I get compensation?

I am a relatively new employee. I started working about a month ago. That is around the time in which I began getting pain in my arms and strong numbness in my fingers. I waited a little bit to see if this was something that required me to get adjusted to or if it was temporary, but as I went to... Read more »

Gerald D. Siegel
Gerald D. Siegel answered on May 17, 2020

It's hard to say from what you described as to whether you have a solid WC case. The best thing to do is to report your experience to Costco and ask to be seen by a company authorized doctor. You have to get treatment through Costco, although there are exceptions. A lot depends upon the job... Read more »

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 »

Q: Can I file a suit for personal injury against the Federal government?

I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on May 16, 2020

You may have a workers' compensation claim. You should consult with a federal workers' compensation lawyer in a confidential setting.

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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 »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Rights and Health Care Law for Arizona on
Q: My dad was forced to go to a meeting, can he sue his company?

My dad's company recently held a meeting and forced all their employees to attend. No one in the room was wearing a mask or practiced social distancing, and the company have been negligent since the start of the Covid-19 pandemic in their regard for the safety of their employees. They are a... Read more »

Joel Friedman
Joel Friedman answered on May 14, 2020

Thank you for posting your question here. The issue you present is going to be common I suspect, and from my perspective as a workers' compensation (WC) attorney (I do not practice in any of the other three areas mentioned in the post) I think it is going to be difficult to qualify for... 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 »

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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 »

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1 Answer | Asked in Workers' Compensation and Probate for Indiana on
Q: If someone dies during a work comp settlement that's unrelated to the injury gets engaged living together then married

settlement was not started though initial papers were filed with amended form with spouse signature to start settlement. Would the wife receive the settlement? Children were adults at time of accident and non dependent.

Charles Candiano
Charles Candiano answered on May 7, 2020

Your question is not clear, on any level. In Workers' Compensation (WC) generally, time stops at the moment of injury. That may not have anything to do with your question. If the person dies BEFORE the case is tried or settled, the WC claim becomes part of his estate. If the person then... Read more »

1 Answer | Asked in Employment Law, Criminal Law and Workers' Compensation for Texas on
Q: Hello, I was wondering what I could do about a labor job I did for a lady. I found her on Craigslist and my ex coworker

And I dug up dirt in one of her rental houses backyard. The original agreement was to dig up and put back the dirt for some pipes for $500. She didn’t pay us anything the day we dug it up. My then coworker was unprofessional and harassed her with phone calls to get some form of payment. We went... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2020

This does not sound like a criminal law question but maybe you could file a small claims lawsuit in civil court. Contact the Justice of the Peace court for the address where the work was done.

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 Workers' Compensation for Iowa on
Q: I work for wal mart and I hurt my back pulling pallets of dog food,I have a broken disc in my lower back

I have gone to there dr.,I have done physical therapy,i have had an mri done,I have to have back surgery,the dr. found a dr. in iowa city,but work comp says I have to go to there dr.,I told them I have no way to get to iowa city,I have been getting a regular work comp. check .I have received no... Read more »

Erik Luthens
Erik Luthens answered on May 4, 2020

You should be timely reimbursed for round trip to mileage to all doctors that are approved by the w/c insurance company. This is not a "do-it-yourself" project- I strongly recommend that you immediately contact an Iowa attorney who handles workers' compensation claims for claimants... Read more »

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