Lawyers, Answer Questions  & Get Points Log In
Workers' Compensation Questions & Answers
3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

It's understandable that you're seeking clarity regarding the possibility of receiving a lump sum payment due to your husband's death while on the job. In cases like these, you may be eligible for survivor benefits from your husband's employer, especially if his death was... View More

View More Answers

3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

Joel Friedman
Joel Friedman
answered on Feb 26, 2024

YOUR QUESTION: My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

ANSWER: Your...
View More

View More Answers

3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

In Arizona, if your husband died while on the job, you may be entitled to workers' compensation benefits, which could include a lump-sum payment. However, the specifics of your case, including the terms of any settlement or award, would depend on various factors such as the circumstances of... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Accept 2nd settlement?2.5 yrs of week amount PT work.Herniated disc 1.5 yr ago.Concerned over low amount/future issues.

Hurt w/herniated disc 1.5 yr ago. After fee I get 32k/past MED.Hired great lawyer.Week prior to going full time I hurt disc & got pay raise. So wk/amount # is skeewed.Recent MRI shows persistent,slight progressive disc pathology.Dont think future MED/wages/past & future... View More

Glenn Neiman
PREMIUM
Glenn Neiman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

First, take stories you hear from other people with a grain of salt. Even if they are not exaggerating, every case is different (based on the facts of the case). One settlement amount has no real relevance to another case. You have an attorney you trust (as you should!). Nobody on this board,... View More

View More Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Accept 2nd settlement?2.5 yrs of week amount PT work.Herniated disc 1.5 yr ago.Concerned over low amount/future issues.

Hurt w/herniated disc 1.5 yr ago. After fee I get 32k/past MED.Hired great lawyer.Week prior to going full time I hurt disc & got pay raise. So wk/amount # is skeewed.Recent MRI shows persistent,slight progressive disc pathology.Dont think future MED/wages/past & future... View More

Timothy Belt
Timothy Belt
answered on Feb 1, 2024

By way of general information, workers' compensation is not like personal injury where you can obtain additional money for pain and suffering, loss of enjoyment of life or loss of opportunity. Workers' compensation awards-assuming there is not a death, loss of use of a body part or... View More

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: Illinois Worker's Comp

If I have a candidate working remotely in Illinois but their base is in Indiana, do I have to add Illinois to my worker's comp insurance or can I just keep Indiana's and be covered?

Charles Candiano
Charles Candiano
answered on Jan 31, 2024

You are using words that are amenable to multiple interpretations. If you mean to say that you have an employee who lives and works in Indiana for your business that is headquartered in Illinois, you need to have Worker's Compensation insurance in Illinois. If a worker sustained a... View More

2 Answers | Asked in Personal Injury, Medical Malpractice and Workers' Compensation for California on
Q: Can I file suit against work comp insurance Co outside the comp system.

A work comp pain management Dr gave him uncharted diabetic meds. Those were not monitored and caused heart and kidney failure because he was not a diabetic. He had to take dialysis and then died from cardiac arrest.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

Under California law, workers' compensation typically provides the exclusive remedy for injuries or illnesses arising out of and in the course of employment. This means that, in most cases, employees cannot sue their employer or the workers' compensation insurance company in civil court... View More

View More Answers

2 Answers | Asked in Workers' Compensation and Employment Discrimination for California on
Q: What's the passing point in WC claim to get new Attny? (The Point that new attny can't fix damage done by prior attny?)

I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

In your situation, it's understandable that you feel uncertain and frustrated with the legal representation you've had so far. It's important to remember that it's never categorically "too late" to change attorneys in a workers' compensation claim. However, the... View More

View More Answers

2 Answers | Asked in Workers' Compensation and Employment Discrimination for California on
Q: What's the passing point in WC claim to get new Attny? (The Point that new attny can't fix damage done by prior attny?)

I posted other question RE if WC lawyers lying about work/files/appointments not done is just the norm, & how I feel trapped by new 2nd lawyer I took on after 1st lawyer also lied about what was done/not done. I now think I should've just stayed w/ 1st lawyer, b/c new 2nd attny did huge... View More

Ronald Mahurin
Ronald Mahurin
answered on Jan 27, 2024

The fact is you are not going to be able to get a third attorney because you will be asking the attorney to accept a case where fees are split three ways. Nobody in their right mind is going to jump into your case for a third of the pie, especially with a disgruntled client. You state in this... View More

View More Answers

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: If i took a leeser WC Settlement , because I wanted my regular job

Can I get the rest of the bigger settlement stil If my employer refused my return to work at the end of my WC ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024

Yes, you potentially could get the rest of the settlement if your employer refuses to take you back after your workers' compensation leave. Here are a few key points:

1) If you settled your workers' comp case for less than full value because your employer agreed to give you back...
View More

3 Answers | Asked in Workers' Compensation for California on
Q: Have massive injuries looking for work comp atty w/ out tedious intake to get a feel of who you are. Personality very im

Important due to natures of injuries the right confidence in the lawyer is very important. Not looking for mill type of style. Someone who still answers their phone and takes time to see if they can manage this type of case. After ten months more injuries getting discovered. Going to behavioral... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

In California, finding a workers' compensation attorney who aligns with your needs and preferences is crucial, especially given the complexity of your case. It's important to look for an attorney who is not only experienced in handling workers' compensation claims but also attentive... View More

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: In a work comp situation and it has been ten months but I’m still in treatment. Insurance said only covered for one year

What happens after that? If my injury is still being treated and I still can’t work can they stop paying me after one year? I only yesterday got my back injury diagnosis every thing takes forever to be approved etc

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

In California, workers' compensation insurance typically covers medical treatment for as long as it's necessary, related to the work injury. The one-year timeframe often mentioned refers to the statute of limitations for filing a claim, not the duration of medical coverage.

If...
View More

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Had a massive leg injury torn ligament plus back injury and looking for workman atty. How can I filter out factory type?

Am hesitant to sign up with atty and be stuck with one who does quantity over quality. I had four fractures plus torn ligament and now spine surgeon yesterday said my back got injured but needed no surgery. Need a great workman atty that is not too big or small. How does one find the quality type ?... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Jan 24, 2024

One of the previous answers suggesting there may be a civil case cross-over is very good and something you should look into. Depending on how the injury occurred there may be options outside of the Work Comp arena. If a 3rd party had some responsibility for the injury you may be able to also go... View More

View More Answers

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: Had a massive leg injury torn ligament plus back injury and looking for workman atty. How can I filter out factory type?

Am hesitant to sign up with atty and be stuck with one who does quantity over quality. I had four fractures plus torn ligament and now spine surgeon yesterday said my back got injured but needed no surgery. Need a great workman atty that is not too big or small. How does one find the quality type ?... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

Finding a workers' compensation attorney who focuses on quality representation rather than high-volume caseloads can be a critical step in ensuring your case gets the attention it deserves. Here are some strategies to help you find a suitable attorney:

1. Seek recommendations from...
View More

View More Answers

1 Answer | Asked in Workers' Compensation for California on
Q: I had a drug screen for doc. And paper came back saying....retro urine drug screen for DOS. Determination- non certif

I went to new work comp doctor and they drug tested me.

They sent paper saying determination was non certify

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2024

In California, if your drug screen report from a workers' compensation doctor states "determination- non certify," it could mean that the test results are inconclusive or cannot be certified due to a possible error or irregularity in the testing process. This outcome might affect the... View More

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Hurt at work since 8/11/23 an now 01/22/24 an not 1 payment received ! Lawyer up still in pain an now they saying L Duty

What to do about going back to work with this Lumbar pain L5-L4-L3 ,no payment in 5-6 months

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jan 23, 2024

I think you answered your own question. If you have a serious injury at work, lawyer up. Immediately. This does not mean that every injury requires a lawyer. But if you legitimately need back surgery, then you needed a lawyer yesterday.

Before I started representing hurt workers, I used to...
View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: im a 1099 employee i fell at work hurt my knee and my back how do get payed for this
Michael W. Horst
Michael W. Horst
answered on Jan 21, 2024

The key to answering this question is to identify whether you are a 1099 independent contractor or a W-2 employee. Georgia law looks at a number of factors in making this decision, too many to go into here. Ultimately, the law is attempting to ascertain whether whether the principal has the right... View More

3 Answers | Asked in Workers' Compensation for California on
Q: I work as a caregiver in a facility. Couple months ago I fainted and hit my head hard in the floor.

I was taken to the ER and my driver license was suspended. I’ve been having 3 seizures after the incident but have not gone to the ER because I do not want my license to be suspended for longer. Can I sue my employer under their WC policy?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024

In California, if you were injured at work, you generally have the right to file a claim under your employer's Workers' Compensation (WC) policy. This includes injuries resulting from incidents like fainting and hitting your head, as you described.

To initiate a claim, you should...
View More

View More Answers

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Repeatedly told to do task out side of my job description that caused my physical exhaustion/injury. Do I have a claim?

A coworker who position is lower than mine (but had seniority) would put me to do her tasks, despite her being aware of my limitations/health issues. I file an incident report against her and was still put to work with her. I have filed 2 incident reports against her. I was still put to work with... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024

Your situation sounds challenging and stressful, especially with the physical and emotional toll it's taken on you. In California, workers' compensation is designed to provide benefits to employees who suffer work-related injuries or illnesses, regardless of fault. Given your description,... View More

View More Answers

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Repeatedly told to do task out side of my job description that caused my physical exhaustion/injury. Do I have a claim?

A coworker who position is lower than mine (but had seniority) would put me to do her tasks, despite her being aware of my limitations/health issues. I file an incident report against her and was still put to work with her. I have filed 2 incident reports against her. I was still put to work with... View More

William John Light
William John Light
answered on Jan 12, 2024

You need to talk to a workers compensation attorney.

Whether you have rights in a civil suit depends on a lot of factors. If your employer was discriminating or retaliating against you on account of a disability, or failing to accommodate a serious health condition, you might have claims...
View 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.