I was working with a guy who pays cash and I broke my leg at the job and he didn't pay me for the 3 months I couldn't work I was wondering what I can do
Your employer paid you in cash. Thus, there may be no record of your employment. The employer may not have to provide coverage depending upon your status. You need to contact a WC/PI lawyer as soon as possible to see what kind of claims you have. You can use the AVVO Find A Lawyer Tool.See question
Ive been on workers comp for around 3 years because of a car accident that ended up to a back surgery and 2 carpal tunnel surgeries (all three surgeries happened before 2013) and i would like to know am i allowed to visit the shooting range? i am ...
Private investigators with video tape equipment is the answer. if you have been out on WC for three years, at any time, the insurer can have you trailed by a private detective. Shooting at a shooting range may or may not indicate some capacity to work but do you want to have this video played in front of your doctor? It is your choice. On the other hand, if you are crystal clear that this type of activity is permitted by your disability, then you may be OK. You may want to run this by a WC lawyer in your area for an opinion. You can use the AVVO Find a Lawyer Tool.See question
I've signed my settlement paper's July 20th I was told 4-6 weeks for my check it's now September 8 . every time I called they say they're waiting on the judge repeatedly .. Why is it taking so long if both sides already agreed to terms and agreed ...
They are waiting on the judge. In my career, I have almost always had to wait on the judge or commissioner. Sometimes, the judge will be doing the cases in chronological order. Thus, it may depend on when your settlement was submitted to the judge. Often, the judge's secretary can give you an estimate as to when the judge or commissioner will get to your particular settlement. Perhaps, you or your attorney can get this estimate.
Two separate counts of medical negligence or what?
The issue is whether the missing evidence is crucial for the case. If the evidence can be located and it it crucial, then it can of course change the outcome of the case. If it can be shown the missing evidence was wrongfully withheld by the employer in violation of discovery rules, then the employer can be held in contempt of the tribunal. In some circumstances the tribunal will strike the defenses of the employer if the actions by your employer is egregious enough.See question
I got into a truck accident in WY on April 16. 60 trucks involved. U tube it. I have not see anything from the company I drive for or Idaho State fund.
You may have a case that involves jurisdiction in more than one state. Perhaps, the state where your employer is located may also have jurisdiction as well as WY. If Idaho is slow you may want to look into that possibility. You may be able to pursue a claim where the accident occurred or where your employer is located. You probably want to pursue a claim where it is most convenient to you. You can use the AVVO Find a Lawyer Tool to find a lawyer in the appropriate state.See question
I was out on Workers Comp and had an unrelated medical emergency. This required 7 weeks of Hospitalization causing me to miss an IME appointment and that resulted in a suspension of WC benefits. Once I saw the IME benefits were reinstated. Am I...
In my state of Virginia if you had a period of disability for unrelated reasons you would not receive workers compensation for that period. I would expect the answer to be the same in your state. However, you should check with a workers compensation attorney in your area to be sure. You can use the AVVO Find a Lawyer Tool.See question
Back injury resulting in classification of permanent disability, which occurred on a job site. Employer had Workman's Comp insurance. Employer is not fighting this; it was a true, witnessed injury. This happened quite some time ago, but compe...
When you say compensation is really small this means it is based on what you were making at the time of injury. Typically, it is two thirds of what you were making. It is non-taxable and thus is supposed to roughly equal what your wages were after social security (FICA) and federal and local taxes are deducted. You indicate working again is impossible. I don't know if this means working at that job or working at any job. If you cannot do "any" job then you may be a candidate for Social Security Disability. On the other hand if you are under 50 in order to qualify for Social Security Disability you must be able to rule out "all" jobs. Even if you qualify for Social Security Disability, that check will be reduced to your receipt of workers compensation weekly benefits. If you are capable of some kind of employment, you may want to contact your state rehabilitation agency about re-training for a light duty job.See question
Workers comp case
First, of course, you should consult a local WC lawyer. You can use the AVVO Find A Lawyer tool. Typically, a WC claim involves the following issues: Was your claim accepted? What was your salary at the time of injury? Are you able to return to your pre-injury occupation? If not are you able to return to another occupation? Will the new occupation pay less? Are you incurring ongoing medical treatment? Will you need a future operation? Do you have an alternative source of medical coverage? Are you on Social Security Disability? If not will you be on this in the future? Are you on Medicare? If not will you be on this in the future? Who has paid the medical bills for your injury to date?
These are just some of the issues involved in settling a WC case. It is complicated. Don't do it yourself? As Abraham Lincoln said: "He who represents himself has a fool for an attorney."See question
I've been under major stress due to harassment from my newly hired supervisor at work, she retaliates against me by docking my check, she's written me up twice and in all the years I've been with my company I have never been written up. Its my fau...
Most states do not cover the stress of work under their WC laws. Being stressed by a supervisor is very common. It is difficult to find a remedy for this. As others have noted the FMLA does allow you to take (unpaid) time off for an illness. However, even if you do this, the supervisor will be there when you return. If you are valuable employee, the company will not want to lose you and perhaps you can ask for a transfer. I have found that companies usually support management so you may want to contact an employment lawyer in your area for further advice. Use the AVVO Find a Lawyer tool to find a highly rated lawyer in your area.See question
I have been in a long on going work comp case where I received back surgery. I have successively completed the rehabilitation, but there was a complication with my shoulder during surgery that work comp will not accept. I would like to get my sho...
You say "there was a complication with my shoulder during [compensable back surgery] that work comp will not accept." The big question is was this "shoulder complication" documented in the medical record. Did the surgeon note this? Doctors specialize. A back surgeon is probably not going to look at a shoulder. If the back surgeon noted this, then a "good" surgeon would have referred you to a shoulder doctor to be checked out. If this shoulder problem is not documented in the medical record, you have a problem. You already have indicated the insurer has denied the shoulder claim. If the back surgeon supports causation, then you should file a claim for this and get yourself evaluated by a shoulder doctor. It would be best to check first with a WC lawyer in your area about this. You should use the AVVO Find a Lawyer tool to find a highly rated WC lawyer in your area. It is possible that in the operation they did not protect you sufficiently causing your shoulder problem. I have not heard of this but if the medical record indicates some kind of error it is possible you may have a medical malpractice claim. But I would wait on that until after I talk to a WC lawyer who can review the records in your case.See question