Lawyers, Answer Questions  & Get Points Log In
Workers' Compensation Questions & Answers
1 Answer | Asked in Criminal Law and Workers' Compensation for North Dakota on
Q: On traffic stop.How long must one wait if after not giving permision 4 car search for a canine cop to show 2 search car

Picked up for no blinker used my passenger sez he has a warrant, and tries to hide on floor under food containers.which didnt work for him to well. His warrant. Was for not appearing for drug paraphernalia charge in different county. They said because I wouldnt allow search and his history of drug... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 3, 2020

There is way too little information here to make a legal determination. If you are facing a criminal charge, you need a lawyer.

2 Answers | Asked in Workers' Compensation for California on
Q: I didn't file a workers comp or requested payment but workers comp want my medical information. Do I need to release it

I had a car accident no injuries or lost of work

Gary Alan Jackson
Gary Alan Jackson answered on Apr 1, 2020

if you are not claiming injuries then there is no reason to disclose medical information. Just be sure you don't have some silent pathology going on that comes to light later. getting a good medical check up perhaps with an MRI can be very helpful to ensure there is no bodily damage.

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Michigan on
Q: quit job due to harassment issue management did nothing to resolve. Caused fear getting job can I apply for unemployment
Brent T. Geers
Brent T. Geers answered on Mar 31, 2020

You can certainly apply for unemployment. Your question does not provide enough information to determine if you would qualify as a threshold matter. If you did, your employer may challenge it, in which case you'd be entitled to an administrative hearing to determine whether you quit for cause.

1 Answer | Asked in Workers' Compensation for Utah on
Q: I have a contract in place to go work in Canada for the next 2 months. Because of the virus, I can't. Losing $25,000
Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

I am not sure what your question is. I don't see a question.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: My father has been diagnosed with non small cell lung cancer and he was exposed to asbestos can he sue ?

When my dad was younger he worked in an installation company and he believes he was exposed to asbestos. Although his cancer is non small cell can he still sue even though it’s non mesothelioma

Charles Candiano
Charles Candiano answered on Mar 29, 2020

Worker's Compensation is an area of law that deals with injuries sustained work. It is a statute that is administered by the Illinois Worker's Compensation Commission. if someone sustains a work injury, Worker's Compensation is the exclusive remedy. In other words, they CANNOT sue... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: I was injured at work & accepted an insurance settlement. My med bills are more than the settlement, can I do anything?

I was injured at work last year and was originally billed ~$5k, insurance gave me a settlement of ~$15k. I paid the $5k bill online and thought I was done but was then was sent an additional bill for $25k because I do not have health insurance and the $5k bill was only if I had health insurance. My... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 29, 2020

A Virginia attorney is best suited to advise here, but you await a response for three weeks. If you were not represented by a WC attorney, you could contact a Virginia workers' comp attorney to see if they would give you a free, or brief, initial consult to examine your WC file and the... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Gov & Administrative Law for Maryland on
Q: My job description/classification in HR does not reflect job scope or duties. This has prevented access to benefits.

I was hired under an open job position, to quickly get me in the door with the understanding that I would be quickly reclassified as I established myself in the company. I have been made to apply for the job I am already performing several times, and have been told that I do not qualify. I received... Read more »

Joseph D. Allen
Joseph D. Allen answered on Mar 28, 2020

The question raises several issues, and requires more facts and discussion to fully answer. Generally speaking, entitlement to union benefits (or eligibility for membership) depends on the applicable CBA scope. There are federal (FMLA and the recent COVID-19 changes) and Maryland (sick/safe... Read more »

2 Answers | Asked in Employment Law, Social Security, Workers' Compensation and Health Care Law for Pennsylvania on
Q: If you come down with Prostate cancer can you get disability

need a lawyer from Pennsylvania pittsburgh area

Scott F Bocchio
Scott F Bocchio answered on Mar 27, 2020

Hi, it is possible. Much of the case depends on the actual prognosis and treatment plan going forward.

Scott Bocchio, Esq.

855-254-7841

View More Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I have an illness I believe was caused by dust at my workplace.

I told HR about illness. They said they would clean the dust and call their Dr and ask him if I needed an appointment. I told HR I wanted vacation because I felt so sick from the dust. HR never filled out an accident report, or sent me to Dr. I feel sick and want to visit my doctor. What should I... Read more »

Glenn Neiman
Glenn Neiman answered on Mar 26, 2020

You are asking for legal advice, and that is not something you will get on forum like this. We can only provide general legal information here. Legal advice is something specific to you case, given by an attorney who represents you.

Certainly, an exposure like this can be a work injury....
Read more »

View More Answers

2 Answers | Asked in Contracts, Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: Is it stupid, legal or it makes sense and able to fight for it?

Hello, I'm a unarmed security guard for Allied Universal, I kick out homeless people and loiterers, the area where I work at is big and I happen to work with myself (no coworkers).

Now with a Covid-19 pandemic, when a transient gives me trouble, the police are unable to help me.... Read more »

Louis George Fazzi
Louis George Fazzi answered on Mar 22, 2020

I think you have a more basic matter with which you should be concerned, which Mr. Pedersen did not address.

All people in the State of California have been ordered to stay home, unless you work in a field which is exempt from that order. Even if you "work alone", as you say, you...
Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Ohio on
Q: Could you please tell me how I'm supposed to prove my employer violated safety and rules and workers comp vssr hearing

The owner is deceased business is closed they're at their investigation couldn't find anybody who had any from information on the violation even the place that we worked at

Matthew Williams
Matthew Williams answered on Mar 22, 2020

Well, it sounds like there won’t be anyone to contest the testimony of you and your coworkers if possible. If that’s all the evidence there is...

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: Good Morning, I was injured receiving workers comp that they filed and approved and now I have to pay them back

I was working as a DOD Civilian had a stroke that was said to related from head injury at work . Then I was left in attended in ICU fell out of bed cracked and bruised some ribs. I couldn't swallow so they had me with no fluids for seven days at that time they finally ran a swallow study that... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 20, 2020

A Texas attorney could best advise here, but your question remains open for a month. As a general premise, if you were paid workers' comp benefits and this was related to a third-party accident, workers' comp can assert a lien on the personal injury case. From your description,... Read more »

Q: denie workman comp for my arm. now fired because of it.

I was a stay at home father for three years. So once my 4yr old son started school. I decided to for back to work in my field of management. I started a job at gordmans retail store with is owned by a big company called Stage Store. Well I hurt me left arm back in October and have been seen by many... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 16, 2020

This is a complex and fact-intensive scenario that you would need to discuss with an attorney to receive any kind of meaningful direction. Your post remains open for four weeks, but one option you could consider is to contact a Wisconsin workers' comp attorney to discuss the denial of the WC... Read more »

1 Answer | Asked in Contracts, Criminal Law and Workers' Compensation for New Jersey on
Q: What type of lawyer do i need?

I reside in NJ where but i was doing work in NY, where a county specific license was required to do home improvement. I have a court date and i need to know what kind of lawyer i should find. I didn't qualify for a public defender.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Mar 13, 2020

You will probably need a New York criminal lawyer if the case is in New York. Speak with one to find out.

1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: Got injured at work, accepted and insurance settlement and paid initial bill. Received additional bills, what can I do?

I got injured last year at work (bit by a rabid cat) and received a ~$15k settlement from the customers insurance company. The original bill I received from the hospital was for ~$5k, which I paid. I just got another bill for an additional ~$25k because I do not have health insurance and my... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 12, 2020

I regret that I do not handle personal injury cases. Sorry.

2 Answers | Asked in Workers' Compensation for Texas on
Q: Workers Comp Question:Can I sue my employer if I get hurt a second time even though they knew what my restrictions were?

So I originally got injured on 05/2019, 4 months later I was injured again. My employer was aware of what my restrictions were but still put me to work. Causing the second injury. So my second case is closed as of last week, but my injury I feel is not quite where I feel it should be? Could I sue... Read more »

Roy Lee Warren
Roy Lee Warren answered on Mar 12, 2020

If your employer had wc coverage, sorry that's a complete bar to a PI case, except in a gross negligence case that results in death.

View More Answers

2 Answers | Asked in Workers' Compensation for California on
Q: I got a medical Award in 2005 - neck, back, shoulders, arms, hands.

I had problems with adjuster telling pharmacy not to give me the medication approved by medical board. Finally she gave false information to the medical board claiming most of my injuries weren't approved.

My dr didn't want to fight her anymore and I gave up around 2008 getting... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Mar 10, 2020

if you have an open California work comp award then you can return to a doctor that is on the carriers approved list, called an MPN. you simply as the adjuster for the on line link to the list and find a doctor and ask the adjuster to send an authorization letter to the doctor which the adjuster... Read more »

View More Answers

1 Answer | Asked in Employment Law and Workers' Compensation for Arizona on
Q: Workers Comp and returning to work. Im still in pain

Ben off 5 months with comp, My Dr says sedentary work restrictions in Jan. Ins company wanted 2nd opinion that Dr said the same thing sedentary duty. 2 weeks later IME Dr thew me under the bus and said I have 0% on report for all areas of any kind. Boss says get to work by Monday morn. Id... Read more »

Joel Friedman
Joel Friedman answered on Mar 7, 2020

The answer is not a simple yes or no and it depends first on what your injury is, what your regular job is, where you were working when you were injured, who has been your treating doctor, who you believe was a "second opinion" doctor, and who the IME was. It is very rare in AZ to have an... Read more »

1 Answer | Asked in Medical Malpractice and Workers' Compensation for South Carolina on
Q: I hernitated my l4-l5 disc back in 2017 ended up doing a ton of pt and 2 minor 1 major back surgery later and I have

I injured my back at work in 2017 and had tons of pt I ended up having 2 minor and 1 major back surgery. I now have permanent severe nerve damage and constant pain. I have lost some use of my leg and have foot drop. I started out with a hernitated disc. I don't believe my lawyer is getting the... Read more »

Alton Lamar Martin Jr
Alton Lamar Martin Jr answered on Mar 6, 2020

I am sorry to hear about your difficulties. You should contact your attorney and have a very frank conversation. Let them know you are concerned about the legal representation you are receiving. Tell them that you are concerned about the amount of the recovery and the affect your injuries have... Read more »

1 Answer | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: I had a belly button hernia at work..Workman's Comp wants 10 years of medical/work history released to company&insurance

I have only worked at this company 1 year, and really don't work to share my medical history with company.

Richard K. Johnson
Richard K. Johnson answered on Mar 5, 2020

Your employer or its insurance carrier may investigate any past medical records for the condition you claim is work related, but does not have an unfettered right to any and all medical records. Any medical authorization form you sign should be limited to the condition you claim is work related.

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.