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Workers' Compensation Questions & Answers
1 Answer | Asked in Personal Injury, Wrongful Death and Workers' Compensation for Ohio on
Q: Can my son sue for compensation after his father died from mesothelioma due to unwarned asbestos exposure at a gas company?

Can my son file a compensation lawsuit because his father, who worked at a gas company with extensive asbestos exposure but was never warned, died from mesothelioma in 2020? The mesothelioma was diagnosed after prolonged exposure, but appeared too late for preventive measures. His mother has... View More

James L. Arrasmith
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answered on May 16, 2025

Yes, your son may still have the right to pursue a legal claim, even though his mother has already received compensation. In many states, multiple family members can bring claims for wrongful death or loss of consortium, depending on the laws governing who qualifies as a beneficiary. If your son... View More

Q: Seeking compensation after car accident; driver at fault, total loss of vehicle and injuries.

I was involved in an auto accident on April 23, 2025, where another driver, who was on the job, swerved into my lane causing me to veer into his lane to avoid a head-on collision. He then swerved back and hit the gravel, fish-tailing and colliding with the driver's side of my car, totaling my... View More

Emery Brett Ledger
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answered on May 16, 2025

Thank you for sharing the details of the incident. We understand how stressful and overwhelming a situation like this can be, especially when it involves injuries to both yourself and your family members.

Based on the information you've provided, your inquiry involves complex legal and...
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1 Answer | Asked in Workers' Compensation and Personal Injury for Ohio on
Q: Is anaphylactic shock from work-related glove use covered by Ohio workers' compensation?

I suffered anaphylactic shock due to using gloves while completing a work task, which resulted in an ER visit with blood pressure dropping to 55/17 and an overnight hospital admission. My employer is aware of the incident. Do I have a case for workers' compensation?

James L. Arrasmith
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answered on May 15, 2025

In Ohio, if you experienced anaphylactic shock directly related to glove use while performing your job duties, you likely have a valid claim under workers' compensation. Your reaction clearly occurred during work tasks and required emergency medical attention and hospitalization, strongly... View More

1 Answer | Asked in Workers' Compensation, Wrongful Death, Legal Malpractice and Personal Injury for Georgia on
Q: Husband killed at work, lawyer deducting from compensation, payment duration?

My husband was killed at work in June 2023, and a law firm was hired to pursue a wrongful death case. During a video meeting, they mentioned involving workers' compensation. My understanding was that no fees would be paid to the lawyers unless the case was won. However, my lawyer has been... View More

James L. Arrasmith
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answered on May 15, 2025

First, I’m truly sorry for your loss. Losing your husband under such tragic circumstances is painful enough, and dealing with financial confusion on top of that is overwhelming. In a typical wrongful death or workers’ compensation case, attorney fees are often taken on a contingency... View More

Q: Does Australia have legal grounds against a company operating in another country?

Okay so, lets say a company operating in America, breaks Australian law and harms Australian citizens enough to start a major class actions lawsuit. Does Australia, or of the Australian citizens affected by this American company have legal standing to sue them.

James L. Arrasmith
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answered on May 15, 2025

That’s a really important and complex question, and you’re not alone in wondering how legal systems handle harm across borders. If an American company violates Australian law and causes harm to Australian citizens, those citizens can have legal standing to sue — but enforcing that right... View More

1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for Colorado on
Q: Denied workers' comp claim for hand pain in Colorado.

I had a workers' comp claim for hand pain developed while working at a welding job using vibrating power tools. I first noticed symptoms starting in February, with the discomfort gradually increasing, and reported them in March once I worried it might be more lasting and permanent. I was... View More

James L. Arrasmith
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answered on May 14, 2025

You have every right to challenge the denial, especially if your injury clearly developed from repetitive work duties. In Colorado, reporting a workplace injury within four days is encouraged, but the rules are more flexible for injuries that develop gradually, like yours. Since you reported the... View More

1 Answer | Asked in Criminal Law, Insurance Bad Faith, Workers' Compensation and Personal Injury for California on
Q: Facing 5 felony charges for insurance fraud after workers' comp settlement; need pro bono attorney.

I am facing five felony charges for insurance fraud related to a workers' compensation case settled in 2023, but I maintain that I am innocent. Before the settlement, surveillance videos were recorded showing activities that were interpreted as exaggerating my injury. My attorney discussed... View More

James L. Arrasmith
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answered on May 14, 2025

It’s understandable to feel overwhelmed right now, but there are steps you can take to protect yourself. The fact that your attorney went through with the settlement, even after reviewing the surveillance footage, might suggest they believed the evidence wouldn’t hold up to fraud—or they may... View More

2 Answers | Asked in Workers' Compensation, Energy, Oil and Gas and Personal Injury for Alabama on
Q: What will my weekly workers' comp benefits be after becoming permanently disabled due to a job injury?

I was permanently disabled due to an electrocution injury that occurred while I was working at a coal mine. Since then, workers' compensation has not made payments since October 2024. Initially, I was receiving 66% of my weekly earnings, which were $841 per week. Now that I am unable to work... View More

Hunter Garnett
Hunter Garnett
answered on May 14, 2025

Your payments will likely stop when you reach maximum medical improvement and are released back to work, with or without restrictions.

In my experience, workers comp insurance companies are the most difficult insurance companies to deal with.

Depending on the extent of your...
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1 Answer | Asked in Workers' Compensation, Legal Malpractice and Personal Injury for Ohio on
Q: Seeking options for inadequate legal support in Ohio workers' comp case leading to disability.

I suffered a workplace injury in Ohio in 2005, resulting in two ruptured discs. My condition has worsened over the years, and my previous lawyer failed to help reopen my workers' compensation claim, leading to multiple denials when I tried myself. Unable to work for several years due to lack... View More

James L. Arrasmith
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answered on May 14, 2025

Your friend is in a sensitive situation, and it's important to approach it with care. Even though no one was hurt, throwing something at a moving vehicle can still be taken seriously under the law. Before saying anything, your friend should take a moment to gather their thoughts and remain... View More

Q: Can we file for bankruptcy on $5,000 credit card debt due to hardship?

I am 74 years old and my husband is 80. We both receive Social Security and have accumulated $5,000 in credit card debt. My husband was recently in a car accident, losing the ability to work and his truck, which he used for recycling to bring in extra income. I have talked to the credit card... View More

Scott F Bocchio
Scott F Bocchio
answered on May 13, 2025

I would carefully reconsider filing for bankruptcy with an unsecured debt balance of only $5,000. There are alternative options you can explore first, such as debt settlement or checking with your creditors to see if they offer any hardship programs.

Call my office 855-254-7841. Ask for...
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1 Answer | Asked in Workers' Compensation, Appeals / Appellate Law and Personal Injury for Colorado on
Q: How can I appeal a denied workers' compensation claim for hand injury as a welder?

I worked as a welder for five years and developed a repetitive strain injury, resulting in pain in my hands. The symptoms gradually worsened, and I reported them when it became more significant. However, I did not report it immediately when symptoms first appeared, as they initially seemed like... View More

James L. Arrasmith
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answered on May 14, 2025

The first thing you should do is carefully review the denial letter from the workers’ compensation insurer. It will usually list the specific reasons they denied your claim and any deadlines for filing an appeal. Since you have a medical diagnosis connecting your hand injury to your welding work,... View More

2 Answers | Asked in Employment Law, Workers' Compensation, Civil Litigation and Personal Injury for Washington on
Q: Can I negotiate a stronger severance or return to work with legal leverage in WA, and does accepting severance waive my L&I protections?

I have been medically cleared to return to work following a work-related injury, but my employer has offered me a 'firm and final' severance package of 8 weeks base pay with no merit increase. The package includes a one-sided non-disparagement clause, waives all claims, and pressures me... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

A severance agreement is normally intended to resolve all of an employee's potential claims, except those claims that cannot be waived as a matter of law. Examples would be worker's compensation and unemployment claims.

Further, Washington's silenced no more act prohibits...
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3 Answers | Asked in Workers' Compensation and Personal Injury for Georgia on
Q: Can GA workers' comp provide a rental car due to injury?

In Georgia, can workers' compensation be required to provide me with a rental car to get to physical therapy and other essential activities like buying groceries or visiting family? My only car has a manual transmission, and due to my recent shoulder surgery—anchoring the upper bicep tendon... View More

T. Andrew Miller
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answered on May 8, 2025

I’ve never seen Worker’s Comp. provide a rental car. I doubt they would do that in this case. You may be able to get them to reimburse rides that are truly necessary under the circumstances, but technically they are only required to provide transportation or reimburse mileage to and from... View More

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2 Answers | Asked in Workers' Compensation and Personal Injury for California on
Q: Considering workers' compensation for mental health overload as a Learning Trainer in California. No action taken by employer after reporting.

I am a Learning Trainer responsible for onboarding new hires and overseeing teachers, among other duties. The overwhelming workload has led to severe emotional and mental exhaustion over approximately 1 year and 2 months, with the most intense impact recently. I reported my concerns up the chain of... View More

Dennis Dascanio
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answered on May 8, 2025

Dear Injured Worker,

Based on the information provided, it appears that your mental stress may be work-related and, given that you have been employed with your current employer for at least six months, you may be eligible for Workers’ Compensation benefits. It is important that you retain...
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1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for Illinois on
Q: Can my employer refuse my full-time position after work injury in Illinois?

On September 4th, 2023, I was injured at work as a full-time employee, and my injury was covered by workers' compensation. After my medical appointment tomorrow, I expect to be cleared to return to work without restrictions. However, my employer is now saying they can't offer me a... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re facing right now is frustrating, especially after putting in over two years with your employer and doing everything required after your injury. If you're cleared to return without restrictions and held a full-time position before, your employer should not use your injury as a... View More

3 Answers | Asked in Workers' Compensation, Estate Planning and Personal Injury for California on
Q: What happens to my open Workmen’s Comp case and compensation if I pass away, and can my son be a substitute claimant or beneficiary in California?

I have a Workmen’s Comp case that has been open for 14 years after getting injured at work. My previous attorneys are no longer available, and currently, there's no interest from the claims adjuster at The Hartford in settling my medical case, despite my spine and nerve damage. Given that I... View More

Ryan D. Kayrell
Ryan D. Kayrell
answered on May 6, 2025

Hi there, in the event that you pass with an active workers' comp claim, the claims adjuster should pay to your estate the permanent disability benefits which have accrued and are unpaid. I understand that Hartford is unwilling to settle your medical, but you have other options to obtain a... View More

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3 Answers | Asked in Divorce, Workers' Compensation, Family Law and Personal Injury for California on
Q: Can my wife claim half of my workers' compensation settlement during divorce in California?

I'm currently going through a divorce in California, which follows community property laws. My injury occurred while we were still together, but the workers' compensation settlement for my injuries and future medical needs was finalized after we separated. Can my wife legally claim half... View More

Tobie B. Waxman
Tobie B. Waxman
answered on May 6, 2025

In California (where this post was seen) workers' compensation benefits are generally considered community property to the extent they compensate for lost wages or income during the marriage. However, if a portion of the settlement is intended for future income loss, disability, or medical... View More

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Q: Can I sue for being prescribed medication under a wrong identity and civil claim options?

I have criminal charges under a different social security number and middle name. During the arrest, which resulted from a psychotic break while I was being abused at a group home, they took me to jail instead of a hospital, even though there was no injury to either party involved. While... View More

John Michael Frick
John Michael Frick
answered on May 7, 2025

If you committed the acts that led to your arrest, you can be convicted of whatever crime the acts constitute notwithstanding the use of a different social security number and middle name. Often, criminals use aliases, and even sometimes other people's identities, in committing crimes.... View More

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3 Answers | Asked in Workers' Compensation and Personal Injury for California on
Q: Can I file for workers' compensation after missing the deadline due to incarceration?

I'm seeking guidance on whether I can still apply for workers' compensation benefits after being released from prison. I missed the one-year deadline to file my application because I was incarcerated and subsequently denied. Is there any way to reopen my case or file for benefits despite... View More

Dennis Dascanio
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answered on May 3, 2025

Dear injured worker,

I am sorry to hear about your predicament. As a general rule incarceration is not a toll to the one year statue limitations for filing of a Workers' Compensation claim in California. There are rare exceptions such as mental or physical incapacity. If you believe...
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2 Answers | Asked in Medical Malpractice, Workers' Compensation and Personal Injury for Texas on
Q: Can MMI be retroactive before doctor visit and address treatment denial?

I underwent a cervical spine fusion surgery covering 3 levels. In July 2024, the surgeon said I needed surgery, and subsequently, I received an MMI rating. However, this rating was retroactively dated to December 2023, even though I had not met the doctor until July 2024. This led to the denial of... View More

John Michael Frick
John Michael Frick
answered on May 1, 2025

Yes, MMI can be, and often is, prior to the date of a doctor's visit. The doctor usually determines MMI from a review of your medical records. Obviously, the statutory date of MMI is the last possible date. For example, a doctor in July 2024 could determine from both a review of your... View More

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