Howard L. Graham's Answers

I fell at work and hurt my knee am i better off just going to the doctor and not telling them it happened at work

Virtually all states and the federal government prohibit employer intimidation and or filing for reporting a workers comp claim. so file. Get a local lawyer to represent you if the employer retaliates. Federal protects federal employs “18 USCS § 1922 False or withheld report concerning Federal employees' compensation Whoever, being an officer or employee of the United States charged with the responsibility for making the reports of the immediate superior specified by section 8120 of...

1 lawyer agreed with this answer

I reported a fellow correctional officer for unfit sexual conduct and when she found out she verbally attacked me. Can I file

If you were a federal employee you can file for an injury that occurred on the job due to the physical assault and for an emotional condition, if in fact, you developed an emotional condition. File with the personnel department a form OWCP Form CA 1 for the assault and aOWCP Form CA@ for the emotional condition. An assault is an assault and therefore illegal even in an employment situation. However you probably would need witnesses' statements or serious visible injuries to support...

1 lawyer agreed with this answer

Unsure of my next step with work comp, if there even is one. Time & geographical issues.

As a former federal employee you must file a claim for a Traumatic injury within 3 years of the date of injury. file a OWCP Form CA 2 for an occupational injury or disease within three years of the date of last exposure. File the forms with the employer's human resource department.Obtain OWCP Form CA1 or CA 2 forms from the employer or online at http://www.dol.gov/owcp/dfec/regs/compliance/forms.htm You would be entitled to time loss/75% of pay tax free if you have dependents(66 2/3 %...

1 lawyer agreed with this answer

In CA chapter 7, what is proper exemption to take (under 703 or 704) to protect a potential Workers Comp claim?

federal workers in CAlifornia should exempt their compensation and cite 5 USC § 8130. Assignment of claim An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.

1 lawyer agreed with this answer

I was injured on a job in 2003 and since I have had a workman comp mediation and social security awarded temporarily.

Every state Bar Association has a lawyers' referral service for attorneys that specialize in workers' compensation. Call them and obtain the name of local lawyers specializing in workers' compensation. Most states have a statute of limitations beyond which you cannot reopen a claim. Workers' compensation attorneys will usually answer your question without charging for the initial interview. Ask them. Do not sit on your rights.

1 lawyer agreed with this answer

I became disabled and receive social security dis., since sept 2009,I was paying for dis & uneployment,this comany wont respond

Send your Insurance company a copy of the Social Security award and all of the medical reports in your SSA file certified mail. Call your state Insurance Commissioner' Office and seek help filing a claim against the insurance company, unless it was a part of your benefits plan at work. In that case find a lawyer that is experienced in ERISA law because that issue must be litigated in federal court.

I am 55, my husband died at age 54 can I collect my Social Security benefits at age 60 and his when I turn 65?

A deceased worker's former spouse age 60 or older (as early as age 50 if disabled) may qualify for benefits if the marriage lasted at least 10 years. However, a former spouse does not have to meet age and length-of-marriage rules if he or she is caring for the deceased worker's child younger than age 16 or disabled and entitled to benefits on the deceased worker's record. The child also must be the former spouse's natural or legally adopted child. Take a look at Survivor Benefits (Pub. No. 05-...