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Recent Permanent Disability questions

I was injured at work over a year ago and i just recited

I was injured at work over a year ago and i just recited permanent partial advisability and can not return to my former line of work. My employer has decided to lay me off. Can i apply for unemploymentJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: californiaJA: Have you talked to a lawyer yet?Customer: I just retained one, but have only spoken with a case mangerJA: Anything else you think the lawyer should know?Customer: No I have been receiving workers comp benefits for over a year, until I was I went to QME and it was determined I am %25 disabled. My job was quite physical and I can not do that type of work anymore.

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Patrick, Esq.

Doctoral Degree

17,488 satisfied customers
I was out of work for almost 2 years & collecting WC, I fell

I was out of work for almost 2 years & collecting WC, I fell in May and herniated a disc in my neck which has nothing to do with my WC injury. I've been trying for SSD for 2 years. I'm no longer able to collect WC, what can I do? I have a 16 year old child I'm raisingJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: NJJA: Have you talked to a lawyer yet?Customer: Kinda my lawyers for SSD are on vacation and my Atty for WC wasn't sure if I can apply for temporary disability being I am now being treated for my neck injury. What are my options?JA: Anything else you think the lawyer should know?Customer: I was collecting WC up until 7/31 now they cut me off with no warning & now I have no money coming in to support my son and myself

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,850 satisfied customers
I have an open workers compensation case and I'm getting

I have an open workers compensation case and I'm getting frustrated with how long this process has been taking. I've had 2 surgeries and my ankle is still not right. I think the doctor may have been part of the problem and their failure to complete the workers comp paperwork in a timely manor. I have a second doctor involved now who is going to be doing a 3rd surgery to release the nerve that has been damaged in the second surgery and he's going to investigate the tendon (or what's left of it) when he does the nerve surgery. I don't know if I should get an attorney or not and have been pondering this for about a year. The case is now 3 years old and my ankle is never going to work right and I'll always have pain. OH and I haven't even let them touch the other ankle which has a tear in the tendon as well. Any advice, should I get an attorney or just continue to go to the doctor's and wait for things to just work themselves out.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,850 satisfied customers
New Question: Does MA Workers Comp pay injury and its term

New Question: Does MA Workers Comp pay for an injury and its long term effects or is there a time limit or a criteria that when met closes a case even though the injury is incurring long term costs?

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Delta-Lawyer

Doctoral Degree

6,072 satisfied customers
I have Chronic Fatigue Syndrome. I was on the FMLA the past

I have Chronic Fatigue Syndrome. I was on the FMLA the past year or two. Last January 2015 I had hip replacement surgery and missed 8 weeks of work. In July 2015 I had knee replacement surgery and missed 12 weeks of work. Those days missed, in addition to sick days, added up to more than the allotted number allowed under FMLA. (12 weeks). In January 2016, I was "invited" to a meeting with the HR manager and my boss. I was informed that HR didn't realize it, but all those days added up together went over my allotted days off under FMLA and I was no longer protected under the FMLA until September 2016. My question is this. Shouldn't the HR manager have made me aware of all this as it was happening, instead of after the fact? Not knowing all the complicated rules of FMLA, I feel that HR was lacks in their responsibility to inform me as time went on. I am eligible, after a doctor fills out the form again, for FMLA again in mid-September 2016. That put me in a difficult position, having an illness, and being unprotected from January 2016 until September 2016. Three weeks ago I asked if I would lose my job if I missed any work. I was told that as long as I give my boss a 'heads up' that I wasn't feeling well and may be staying home the next day, the day missed would be considered an excused absence and would not be counted against me. With that in mind and feeling safe under those guidelines, I stayed home 2 or 3 days when I was ill, having let my boss know in advance that I wasn't feeling well and would probably stay home the next day. Now we're up to present day... Last Thursday, June 16, I was called in to another meeting with my boss and HR. I was told that I'm missing too much work. I was told that "a senior leader had been asking about why I was missing so much work" so they had to revisit the issue. I am wondering if there is any protection to keep me from losing my job if I become ill, considering how all over the board HR has been in this situation. I would appreciate your advice. Thank you.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,850 satisfied customers
I just found out a former coworker was v positive and my

I just found out a former coworker was hiv positive and my boss knew. I work in an elementary school cafeteria ! I was exposed to blood and will be having a blood test next week. What responsibility does the school board have if I'm positive now?

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Loren

Juris Doctor

36,374 satisfied customers
My son who is 34 years of age requires help in looking into

My son who is 34 years of age requires help in looking into issues like this.He has been out of work for over a year on disability. He injured himself on a previous job and required 2 back surgeries that ended with mixed results.He was sent via disability to be retrained for a new career that would allow him to work around his disability namely standing for periods of time. Previously he did manual labor in the HVAC field. He lives at home and now has no income at all. He has diligently been looking for a job in the new field he has been trained for but has been unable to be hired.Can you tell me if he is eligible to collect unemployment and maybe , if so be able to get retroactive reimbursement for the time he has been finished with his new career program until he finds a job.Thank you.David ****************************

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,850 satisfied customers
I been out of work 3 years,job injury.Shoulder issue,surgery

I been out of work 3 years,job injury.Shoulder issue,surgery therapy nothing worked had a attorney settled my case and I was awarded.So later applied for my disability SSD and won the disability. But here is the cruncher! Next paragraph says with holding it cause of (unclear/vague don't make any sense) numbers yet really saying nothing.Any way their vaguely alluding to me the past year of having work man comp and possibility of my cash award which was offered by the former employer? Not even my lawyer inform me that this would arise? He told me I can apply for it any time.So here I am with dwindling $$$ and no income at all!! I'm 61 years old.I figure the record says I was accepted for SSD,so i guess that would stop me from getting any other help.Thanks for your advice.

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LawTalk

Attorney at Law

Juris Doctor

32,514 satisfied customers
I am a chiropractor in Ohio. I have an associate contract

I am a chiropractor in Ohio.I have an associate contract that contains the following:4. Authority and Control of Employer. Subject to national and state canons or rules of ethics, the Employee agrees that the Employer shall have complete authority with regard to the acceptance for treatment of (or refusal to treat) any patient or prospective patient. The Employer shall direct and control the assignment of patients to the Employee and shall have complete authority with respect to the establishment of the appropriate fee for professional services. The Employee shall perform professional services on behalf of the Employer at such times and places as the Employer shall determine, and in accordance with such rules as the Employer may establish.5. Compensation. The Employer shall provide the following compensation to the employee:(a) During the term, the Employer shall pay the employee 33% of the Employee's individual total monthly gross collections total, less all applicable withholdings. This compensation will be divided into 2 equal payments the following month on the 5th and 20th. If the Employee is terminated for Cause or terminates his employment other than due to death or permanent disability, the Employee shall be entitled to a prorated portion of the 33% Employee individual total monthly gross collection for that month.The way this is played out in my office I am made to see my employers patients as well as my own. His patients are billed and tagged to him so I receive no compensation at all to see his patients.To my understanding, I am being contractually obligated to work for free.Is this legal? Can I demand retropayment?Is not being paid 33% "just cause" to quit?

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Infolawyer

Attorney

Juris Doctor.

37,362 satisfied customers
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