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Workers' Compensation Questions & Answers
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 »

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 Workers' Compensation for Illinois on
Q: Filed a workman’s compensation with my attorney over 1 year ago. Haven’t heard anything about my case?
Richard K. Johnson
Richard K. Johnson answered on Apr 29, 2020

Please contact your attorney and ask for a status report. There are many reasons you may not hear from the attorney, but if you make an inquiry, the attorney should respond in a reasonable amount of time. This is simply a matter of communication. Good luck.

1 Answer | Asked in Gov & Administrative Law and Workers' Compensation for Michigan on
Q: Can I sue the state for emotional damage over failure to pay unemployment in a timely manner

I worked TWO jobs, was laid off both. Absolutely no money coming in. Suffered from depression for many years. Will need therapy when this is ovee

Brent T. Geers
Brent T. Geers answered on Apr 29, 2020

No. To succeed on any emotional distress claim, you need to show that someone intentionally caused, by their actions, you emotional distress. More to your point, you would need to overcome governmental immunity, which is unlikely in this scenario.

3 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Workmans comp settlement severe tbi

for me?

we are currently in a workmans comp case severe tbi. They are trying to settle for 80.000 but he is still suffering and he did not receive the proper treatment due to the dr and scheduling and were advised by our current lawyer to remain with them. My problem is he is getting worse... Read more »

Richard Alan Jaffe
Richard Alan Jaffe answered on Apr 27, 2020

I am sorry to hear about the issues that you are having with your Claim for Workers Compensation Benefits, however, as it appears that you are represented by an Attorney these questions would best be posed of him or her as they would be in a much better position to address your concerns.... Read more »

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Q: If a respondent objects to answering interrogatories on grounds of broad, burdensome, how can I respond to get the info?

95% of my requests were responded this way. I am pro se in arbitration in a labor case on issues of discrimination, retaliation, and constructive discharge. I have no money for an attorney.

Kirk Angel
Kirk Angel answered on Apr 26, 2020

Send a letter to the other party's attorney telling them you need the answer within a certain period for example 10 days or two weeks of the date of your letter to them. Offer to talk about the information and why you need it. See if you can work out a deal to get all the information or your... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Claimant reported injury, supervisor failed to submit employer report of injury. 6 7 months after supervisor no longer

with company, an employee and employer was submitted. Commission informed carrier of claim. 21 days passed carrier did not submit acceptance or denial of claim. what are the claimants options?

Joel Friedman
Joel Friedman answered on Apr 23, 2020

Hello, thank you for your question. If you are off work and the insurance company did not accept or deny the claim then they are supposed to pay you until the claim is denied if that's what's going to happen. If you have medical bills those have to be paid also until something is done... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Mississippi on
Q: Injury at work

Workplace only has one employee so worker’s compensation isn’t required. If that employee gets injured at work, is the employer responsible for medical bills?

Arthur Calderon
Arthur Calderon answered on Apr 20, 2020

The employer could be, depending on the circumstances. I would highly encourage you to reach out to a workers compensation attorney sooner rather than later, so that you can go over the details of your potential case.

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Hello. I was injured at work. Was put on light duty 4 hours or so per day. Apts are scheduled by dr office during work

I was told by workers comp that I will not be paid when I go to doctor's appointments during work hours

Joel Friedman
Joel Friedman answered on Apr 17, 2020

Good evening, thank you for your question. I am not sure why the doctor's office cannot arrange appointments around your work schedule, unless the work schedule changes from week to week. If you work in the morning then the doctor should schedule an appointment in the afternoon, and the... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Pennsylvania on
Q: If I feel unsafe working in these conditions although I’m an essential worker, am I eligible for unemployment?
Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2020

You would have an argument to make that you have a "necessitous and compelling reason." Much would depend on what "these conditions" are--are you near customers? Do you have a good facemask ? Do you have gloves? Do customers have hand sanitizer or gloves they are given? If you... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Wrongful Death for Texas on
Q: My father has me as next of kin on his paperwork and all his things I’m beneficiary his job contacted sum1 else

His job contacted someone else and the hospital released his body to someone else and gave his property to some else ohh they found some random person on Facebook with his last name

Tim Akpinar
Tim Akpinar answered on Apr 17, 2020

I'm very sorry for your loss, and the way it was further compounded by the handling of this matter. It looks like the person who could best help you clear things up before they get further out of hand with your father's property being improperly distributed to strangers would be a Texas... Read more »

1 Answer | Asked in Workers' Compensation for Michigan on
Q: Hello, I had a question about the Coronavirus relief act? I am pregnant and my doctor wants me to take time off due to

there being positive cases at my work. My company employs less than 500 employees but I work in healthcare and they said they don’t have to pay me to take the time off. Is that true?

Brent T. Geers
Brent T. Geers answered on Apr 16, 2020

I believe that sort of leave would fall under FMLA and would be unpaid to the extent you don't have sick time or other compensation available to you through the employer.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should I get compensated for doctor visits under Texas Worker's comp and if so what's the section of the law to claim it

I am being assisted by an Ombudsman, but she claims that she doesn't know of any section of the Texas Worker's Comp Law that allows an injured worker to claim payment for doctor's visits or for treatment for an accepted on the job injury. I have found during my research that... Read more »

S. Michael Graham
S. Michael Graham answered on Apr 15, 2020

You will need to submit your pay check records to the adjuster. If you are missing time from work, you are entitled to partial TIBs for the time missed. You would be compensated at 70% of gross wages less actual wages currently paid. There is no 2 hour rule. Also, if you travel over 30 miles one... Read more »

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