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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Nevada on
Q: I had carpal tunnel surgery 22 yrs ago thru workers comp. Claim was settled, but it's back. Can I reopen the case?

I have since retired from my job. originally the claim was for both wrists, but surgery was done on only one. It is back in both wrists. Not looking for more money, just maybe help with medical. Do I have any options?

Leonard Stone
Leonard Stone
answered on Aug 30, 2024

In Nevada, the Workers' Compensation system allows for the reopening of claims, even after a significant amount of time has passed since the settlement of the original claim. Because your carpal tunnel condition has returned, you should seek medical assistance.

To reopen a claim, you...
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2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2024

An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry this happened. If the nurse you describe is yourself, I hope you are okay. It could depend on injuries, time lost from work, level and permanence of any disability incurred, and other factors. One... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Illinois on
Q: How do you determine what is a sufficient settlement for an injury on the job?

If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?

Charles Candiano
Charles Candiano
answered on Aug 29, 2024

I don't mean to be flippant, but the only legitimate answer to your question would be a comprehensive "how to do it" book on Worker's Compensation injuries. It is not "rocket science," but it can be unbelievably complicated. To make the calculation, an attorney would... View More

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2 Answers | Asked in Workers' Compensation for California on
Q: I’m currently under labor code 4850 and it was due to injury at work. The doctors say they can’t do anything for me

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.

Ronald Mahurin
Ronald Mahurin
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...
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1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Small Claims and Workers' Compensation for Texas on
Q: can I file law suit for bad faith, pain and suffering , malpractice against an insurance carrier , intentional neglect

The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More

John Michael Frick
John Michael Frick
answered on Aug 14, 2024

A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Had an accident at work on a Thursday. Wrote a statement. Boss didn't have me go to doctor or make formal claim.

Work thu small amount of discomfort on Friday. Over the weekend it gets worse. Monday go to doc appointment. And turn in my note. Am I at fault here.

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

A Virginia attorney could advise best, but your question remains open for three weeks. No, you aren't at fault. You did the right thing by reporting the accident and seeking a medical evaluation. I hope you are okay, but if you are still in pain or discomfort, and believe you will need further... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: I was injured at work by the skid steer operate with a faulty lever that was not fixed by the employer.

I was told to clean the excess dirt off of a bucket from a skid steer and the operator maybe through negligence closed the claws on me crushing me resulting in trauma to left shoulder and chest. The machine that caused the accident has had a bad lever (responsible for closing and opening the claws... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Hawaii on
Q: Employer changed the "Location of Accident" on "WC-1 EMPLOYER’S REPORT OF INDUSTRIAL INJURY" is that against the law?

from a chemical contamination, air-polluted hazardous room to a breakroom.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A Hawaii attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a workers' comp attorney, as a general matter, it could be. It depends on the setting - and whether it was done as an innocent correction (clerical related) or something... View More

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can an employer be liable if an employee has a stroke at work

Employee was assigned additional physical duties that were outside of her assigned tasks.

James L. Arrasmith
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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...
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1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: C&R, what can break this deal. I had injuries not reported, no pcp report, the comprimise was never given fired after

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

James L. Arrasmith
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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....
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1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Florida on
Q: How do I get money back from the department of revenue that was taken in a workman's compensation settlement via a lien

They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 24, 2024

You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More

Q: file complaint of discrimination; kicked off from break room; signed a Chemical contained room; got sick since, accused

After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:

1. Document everything: Keep detailed records of all incidents, communications, and any evidence...
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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Am I required to continue providing housing and untilities for injured employee it's been over a year.

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.

James L. Arrasmith
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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

1 Answer | Asked in Workers' Compensation for California on
Q: The attorney listed on my case & all documents isn't the attorney I met at my deposition.I'm confused because I just

Found out his name but why does the minute order doesn't state his name it shows the name of the other attorney like all the other documents

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, it is important for the attorney representing you to be properly documented in your case records. If the attorney you met at your deposition is different from the one listed in your case and documents, there could be a few explanations. The listed attorney might be the lead... View More

1 Answer | Asked in Workers' Compensation for Florida on
Q: What event triggers wage reimbursement to begin in workers comp? Accident date, first doctors visit, or claim date?

Hello, I was wondering about when wage reimbursement from an injury is supposed to begin in a workers comp claim. From the date of the injury or the date the claim is reported? I ask because there is an 11 day window between these events, I was injured at work and reported it to 3 managers within... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Jun 13, 2024

If your disability lasts more than 21 days, lost wages are likely due from the date of accident. If your disability is less than 21 days, you are not entitled to the first week of lost wages. Your average weekly wage determines the amount of lost wage benefits you receive. The 80/80 formula is... View More

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I have a compensation case that medical needs to be settled. I am on Social Security and in need of a lawyer.

I let go of lawyer who settled first part.

Mark  Schmidt
Mark Schmidt
answered on Jul 10, 2024

Settlement of medical issues can be complicated when social security and Medicare are involved. Make sure the lawyer you pick is a CERTIFIED specialist and knows the rules. That being said every client has the right to choose the lawyer they want to represent them. But you must also be careful... View More

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1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: I rolled my ankle at work resulting in a break and severe sprain. Worker’s Comp is saying it’s not compensable

I work at a hospital. After making a bed, I turned, rolled my ankle resulting in the fracture and sprain. Workers Comp has paid for my ER visit and first Ortho MD visit but doesn’t want to pay for any further care. Do I have a case for appeal?

Michael Levin
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Michael Levin
answered on Jun 9, 2024

Yes, of course! If you suffered an injury at work, then WC has to take care of you in terms of lost wages and medical care until you are able to return to work. Use Justia's "Find a lawyer" tab to find someone near you.

1 Answer | Asked in Workers' Compensation for Hawaii on
Q: Can any federal entities adjust the net amount I will be compensated relating to work injury sustained on the job?

Federal entities eg.

:child support

:Owed Taxes

:Student Loans

James L. Arrasmith
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answered on Jun 5, 2024

Yes, certain federal entities can adjust the net amount you will be compensated for a work injury sustained on the job.

For example, if you owe child support, the government may withhold a portion of your compensation to cover those obligations. Similarly, if you have unpaid taxes, the IRS...
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1 Answer | Asked in Workers' Compensation for California on
Q: Do Worker's Comp attorneys get money for surgery & current disability payments before settlement?

I know they get 15% at settlement. But if the medical is performed while the claim is still open, do they assess a monetary amount and receive 15%? The same with disability payments. Do they get 15% of all payments, whether current and ongoing or retroactive?

James L. Arrasmith
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answered on Jun 4, 2024

In California, workers' compensation attorneys typically do not receive a percentage of ongoing medical treatment costs, such as surgeries, or current disability payments before the settlement of a claim. The attorney's fees are generally contingent upon the successful resolution of the... View More

2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

Charles Candiano
Charles Candiano
answered on Jun 2, 2024

Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More

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