generally if your settlement is under $25,000 there will be no structure. It is not worth the effort. First, the insurance carrier must agree to a structure, then the option is to use their vendor, or seek one of your own. The carrier must pay the money into the structure to avoid a tax...Read more »
Delays in medical records can be caused by multiple parties and multiple issues. Usually a delay in medical records comes from an issue with the HIPPA Authorization that was sent by the requesting party. However, other times the third party services who process medical records request for the...Read more »
I worked for a family for about 3 years. My job was to take care of their 97 year old mother. They did not pay legally until a month or so before their mother died. The mother told them to make sure they paied us a severance after she died. Well when she did die they didn't give us anything because... Read more »
It's unclear what you mean by "... They did not pay legally …". Did you work for the mother or for her children? In any case, severance pay is normally a voluntary payment unless it's required by a written employment contract. So they would not be obligated to pay it.
I was on drop from LAPD. I got a worker’s compensation settlement for skin cancer. It was permanent disability. At the end of drop I was forced to retire. Can I get another job in retirement without risking my disability benefits? 70% disabled
If the agreement does not match the one you said you agreed to, you must immediately petition IN WRITING to the JUDGE to immediately withdraw your consent. Telephone chats will accomplish nothing. You have to PETITION TO SET ASIDE ORDER APPROVING COMPROMISE AND RELEASE AGREEMENT based upon...Read more »
A hearing before the Commission wherein a worker is awarded permanent total disability benefits will be paid weekly for life. The added benefit of a hearing award is the right to future medical benefits for life for the injury and entitlement to the payments from the rate adjustment fund that are...Read more »
My claim was approved in Oct, I have since recovered and am back at work. Bills continue to come in despite the notification I gave them a month ago, they have still not paid the med bills. It is now in collection agency hands. My claim was approved and they have not done what they said they would... Read more »
If you have an accepted claim, your adjuster should be able to confirm payment. If that isn’t working, you can submit the bills to be paid but the format of the bills must be correct and the medical records should be attached. Retaining a Worker’s Compensation law firm can also help with issues...Read more »
When was your accident? There is a minimum rate for permanent total disability. You should be able to download a present value calculator to do the computation. A lawyer who is not actually representing you should not be second guessing the lawyer who is representing you.
A permanent total disability settlement is calculated by determining the life expectancy of the injured worker. The life expectancy gives us the interest rate equivalent to use, but remember, the insurance company is using its own internal rate of return and not what you or I earn on the amount....Read more »
I never received change of status other than the original claim acceptance. I have started to work at non profit for 2 weeks and have not been paid. Ive seen a second Dr by Comp Ins request last week and Scheduled for an IME in another week. Its going on six months since surgery. Surgeon said... Read more »
Good morning, your question came in late last night. I am confused about your case history, the part about having seen as second insurance doctor last week and scheduled for another insurance examination next week. I can review the claim with you, at no cost, so you have a better understanding what...Read more »
Since the end of last year, I myself have been sexually assaulted in my store and most recently, 02/16/2020 have had my phone stolen out of my pocket. Around the same time an employee had her car stolen out of the parking lot. Literally last week a homeless woman managed to sneak into the back room... Read more »
Wow very sorry to hear of these events in your work place. you have a valid work injury claim for stress in the work place from witnessing violent events. you should also file a complaint with the Dept of fair employment and housing for unsafe work place.
I live in illinois. I injured my back at a medical facility where I work at. After receiving therapy and other treatments my physician put me on permanent restrictions. My physician was against me having surgery because of my age and the severity of the back injury. My employer sent me to their... Read more »
Although your question is posted in Personal Injury and Workers' Compensation, it appears to be a straight workers' comp case, unless there are third-party claims not mentioned here. A reason why your post might remain open for four weeks is that you ask an opinion on the settlement value of your...Read more »
I accepted a new job offer and it requires me to put in my 2-weeks notice to my current employer on the same day I get my 2019 performance bonus paid out. Does my current employer have any legal right to clawback my bonus if it has already cleared in my account?
No. Bonuses, though voluntarily paid on top of other compensation by your employer, are still considered wages in the eyes of the IRS. Bonuses are paid for past performance, with the hope that you will continue to work at that level.
Once they have paid you, they can't take it back. This is...Read more »
My attorney says they are not responding to him and don't know what is the hold up. I'm sure there is something he could be doing instead of just waiting for them to respond, it's been nearly 6 months.
This is a very unusual problem. Perhaps the best thing to do is to have the attorney motion up the case for a hearing before the Commission. There is no way to force a settlement if the other side refuses to sign. I hope this helps you out. If you know your IWCC #, you can look up the status of...Read more »
I work for a company called "Painted Tree". It became clear to me after my first day that they do not give you a lunch break, or any breaks at all (aside from the manager telling me when i started that I can grab a water or a piece of candy if i need it). What's really difficult is going 8,9,10... Read more »
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