California Workers Compensation Legal Questions

Yes, you have a workers compensation case.  If the employer is not following the restrictions, I highly suggest you talk to one of us work comp attorneys on this site for help.  The insurance will be liable for anything the employer does that makes your condition worse.  It's time to bring in a attorney to be on your side and write a nasty letter to insurance and employer about failure to follow restrictions. This will also need to be brought up to your work comp primary treating physician so they can modify restrictions or take you off work completely until you heal.  You may have additional options, but we would need to go over more details for real legal advice.  Call one of us here on Lawyers.com for work comp help.  Consults are free, cases are taken on contingency at 15% with nothing out of pocket.... Read More

Hello, If your passing out caused any injury, then yes you may have a workers compensation claim and potential case.  However, if there was no injury - or if the injury was just a minor first aid issue - then perhaps not. Best to call one of us work comp attorneys here and discuss the details, any injuries, and any medical treatment needed at this time.  That way we have the full information and can discuss options. Wishing you all the best... Read More

That is one of the main problems with getting lifetime medical for your work injury.  The employer/insuranced company still controls your medical treatment.  A possible option is to have the them buy out your future medical to close out your case.  This would allow you to have control over your medical treatment.  However, the insurance company has to agree to this as well.  Please contact me if you want to discuss this further.   Cyrus Chen CCC Law Group 949-888-9807... Read More

This kind of review and exemption report would not be something that your workers compensation insurance would pay for, as it's not directly related to your injury. That's likely why your work comp doctor will not do it, as they won't get paid. You will need to have your own private doctor write this kind of exemption report, or pay a different private doctor to do it.... Read More

There is no exact timeline, as workers compensation is typically your exclusive remedy unless there was additional negligence by a third party or the employer didn't have insurance coverage. Sometimes it's immediately apparent based on the facts, sometimes it can take months to find out there is no coverage. It all really depends on far more details that you will need to discuss with a attorney in detail. If you aren't happy with your work comp attorney you can always switch to a new one with no increase in fees. We all give free consults and take cases all over California... Read More

Yes you still have a workers compensation case and should consult with a work comp attorney. The employer will be liable for your injury, including any increase on the injury due to their delay and failure to follow the rules. While taken off work you may be entitled to temporary disability benefits at 2/3rds of your wages, and once recovered you may be entitled to permanent disability settlement amount and future medical care for your shoulder for the rest of your life. Best to call one of us on Lawyers.com that handles work comp to help you through this complicated process. We all give free consults and fees are low at 15%. Wishing you all the best... Read More

You will need to file an Applicatiion for Adjudication with the Workers Compensation Appeals Board in your city.  You can get help from a certified spcialist in workers Comp from a Certified Specialist.  See more info at www.workpains.com              ... Read More

Under the Caslifornia Workers Comp system, your percentage of permanent disability isd determined by how the doctors have rated your impairment per the American Medical Association Guides.  If your rating is less than 100% but the limitations are truly such that you wil be unable to obtain employment at all, you should 1) consult a Social Security attorney 2) obtain a vocational expert who might be willing to testify in your Work Comp Case that you are virtually unemployable due to your limitations 3) apply for the the Supplemental Job Displacement Voucher which would get you benefits beyond just your disability rating. hstevens@workpains.com www.workpains.com... Read More

Your employment status does not determine your right to proceed with a Workers Compensation case.  The most important things you can do are 1) filll out a form DWC-1 claim form and provide it to your employer (keep a copy for yourself) and 2) see a doctor for treatment while you are still employed.  If you are seeing a Workers Comp doctor (especially one in an industrial medical group like Concentra or Kaiser on the Job, and you are not happy with the quality of care, you can change doctors with cetain limitations. https:www.workpains.com... Read More

Robert: You are free to change attrneys if you wish, but if you have already received an award it is unlikely a new attorney will wish to be involved as there will be no way for that person to get paid.  You can look up the contact information for the WCAB office in your city and ask for the Information and Assistance office.  If you have NOT already received a disability award you can contact us at 619-930-5748 for more information...we are in San Diego.... Read More

Your father should ask to review all final medical reports from his attorney. He also needs to look at the actual Whole Person Impairment ratings and the actual ratings that his attorney came up with. He should ask his attorney to tell him to break it down so he understands how his attorney is evaluating his case in terms of value. Your father has a right to speak to another Workers Comp Attorney/s for a free consultation and have them evaluate his case. Your father is not obligated to sign until he understands his settlement. Good luck!... Read More

There are many things that can happen in a situation like this.  When an employer carries WC insurance in Pennsylvania, they have immunity from lawsuits under other theories of liability, such as negligence.  If the employer does not carry WC insurance, the injured worker may have a claim for lost wages, medical bills, AND pain and suffering if the employer was at fault and the employer’s negligence caused the injury.If there is no negligence involved, the injured worker could still pursue a claim for workers’ compensation benefits against the employer.  The employer would simply be directly liable for the workers’ compensation benefits rather than having their WC insurance company pay the tab.  Additionally, the Commonwealth of Pennsylvania has set up the Uninsured Employer Guarantee Fund which is designed to take the place of an employer who does not have WC insurance.  The UEGF can be liable to make the payments that would otherwise be made by the WC insurer.  For additional information, read our article about "Can I get Help If My Boss Has Rejected My Workers' Compensation Claim?"... Read More

I suggest that you contact a Worker's Compensation specialist to discuss this with him or her. There are many issues to determine if your case is ready to be settled and for what compensation? Have you seen a qualified medical evaluator? Were you provided the medical reports on a timely basis that were submitted to the qualified medical evaluator? How was the medical evaluator selected? The answers to these questions may determine if the evaluator's opinion is valid.   A qualified medical evaluator may give you an opinion regarding your level of disability, and this may or may not be accurate. You need a specialist in Worker's Compensation to help you determine if the opinion constitute substantial evidence. The question as to whether or not to settle based upon the percentage of disability or to get a lump sum depends on whether you want to give up your right to medical treatment, in which case you can get a lump sum. If you want to keep medical treatment, then generally you will not be able to settle for a lump sum. However, you may have retroactive permanent disability compensation coming to you which may provide you a lump sum of benefits on a retroactive basis and you may still be able to get additional permanent disability compensation and keeping medical treatment.   I would  advise you to contact a Worker's Compensation specialist as soon as possible, to provide him or her with a copy of the report of the qualified medical evaluator.... Read More

if you have carpal tunnel syndrome on both hands, and you have a good basis for thinking that it is from your work, then you need to file a workers compensation claim with your employer as soon as possible. Have you received treatment for this problem from any physician? Has at physician told you that you are carpal tunnel syndrome is due to your work? Carpal tunnel syndrome often arises from repetitive or heavy use of the hands, including repetitive keyboarding, repetitive gripping activities, or even repetitive trauma from activities such as using a jackhammer.   The first thing you should do, in my opinion, is to ask your employer for a claim form in order to file a claim for injuries. That must be submitted to the employer's workers compensation carrier. If you are having problems with your employer in doing this, then you should immediately see an attorney who specializes in workers compensation cases.... Read More

if you were hurt at work, you should have already filed a claim with your employer. This would get you medical treatment as well as temporary disability compensation why you are off work, and until you can go back to work.   I don't understand very well from your question as to whether you have filed a claim already, or why you are off work. However, you must immediately file a claim for your injury with your employer, and seek medical treatment for your injury.... Read More

Unfortunately, an employer is not required to continue paying for your health insurance benefit, assuming it is a plan covered by ERISA. The employer can require you to pay for the insurance premium costs if you are not working, even if the reason you are not working is because of a work injury. Such a practice is not discriminatory, and thus is not illegal. The employer or its insurance carrier must pay for your workers' compensation physician, your medicines for the injury, physical therapy costs, and mileage to and from the doctor, the physical therapist, and even the pharmacy. Currently, the rate is 56 cents per mile, so it is probably important that you begin submitting your mileage claim to the carrier if you have not already done so.... Read More