Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: Who pays for your medical bills after a workmans comp settlement?

2 Answers | Asked in Workers' Compensation for Pennsylvania on Oct 28, 2014

Answered on Oct 31, 2014

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Timothy Belt's answer
It depends on what is agreed to in the settlement. The parties are free to agree to have the carrier remain responsible for past, present and future medical bills, but the parties can also agree that the injured worker is responsible for payment of the medical bills. In most workers' compensation settlements the carrier remains responsible for reasonable, necessary and causally related medical bills through the date of the hearing to seek approval of the agreement, but from the hearing date...

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Q: How long before I receive payment after suffering work injury? Can my emp'er make me use my personal days while injured?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Oct 28, 2014

Answered on Oct 29, 2014

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Timothy Belt's answer
If your employer is going to accept your claim and make payment, this should happen within 21 days of the injury. If the injury has not been accepted within 21 days, you should talk to a lawyer about filing a Claim Petition.

Your employer may force you to use your personal days, but if you are out of work for more than 14 days for your injury you are entitled to workers' compensation wage loss in addition to the personal time. If you are out less that 14 days but more than 7, you are...

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Q: is workers compensation responsible if you reinjure yourself while you are still off work?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Oct 22, 2014

Answered on Oct 23, 2014

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Timothy Belt's answer
This is not a simple yes or no question. If your doctor is willing to provide an opinion that this injury is the same as your original injury or naturally arose from your initial injury, you have an argument that it should be covered. On the flip side the carrier certainly has an argument that this is a new and distinct injury that is not their responsibility. In all likelihood you will have to litigate this issue before a workers' compensation judge, so if you have a lawyer, you should make...

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Q: Can wc deny a case without medical records ?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Oct 14, 2014

Answered on Oct 14, 2014

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Timothy Belt's answer
The short answer is yes they do frequently deny claims without any real bases to do so. Since your claim has been denied, the burden is now on you to establish a work related injury. This means that you will have to file a Claim Petition for workers' compensation benefits and then present both fact and medical evidence to a workers' compensation judge. The process is rather complicated and although you can pursue your claim without a lawyer, you are much more likely to be successful if you...

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Q: In PA, how far back can WC go into my medical history?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Oct 9, 2014

Answered on Oct 12, 2014

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Timothy Belt's answer
They can go back to the date of your birth, but most defense attorneys go back 5-10 years.

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Q: i got hurt at work i have 2 doc.that said i need surgery and 1. doc, that said i dont.what do i do

1 Answer | Asked in Workers' Compensation for Pennsylvania on Oct 1, 2014

Answered on Oct 1, 2014

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Timothy Belt's answer
I am not a medical doctor and I am not in a position to provide medical advice. However, in my opinion most surgeries are a last resort after other treatment has been tried and found to be ineffective. If that is where you are at and you trust the doctor's that are telling you to have surgery, you may want to consider the procedure. If this is an emergency situation where you may suffer permanent harm by not getting the surgery immediately, that would also be a good reason to move forward...

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Q: I had a workers comp case denied 3 times in 2009 due to stress from work i fainted and yet i have been approved for ss

1 Answer | Asked in Workers' Compensation for Puerto Rico on Sep 26, 2014

Answered on Oct 1, 2014

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Lcdo. IVAN M ALERS's answer
It all depends, there is the need of more details and facts to determine if your case can be reopened. I strongly suggest that you gather all the information and documentation of your case and your current health condition and contact ASAP an attorney with SS practice close to your home. It is likely that the attorney offers free consultation.

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Q: What do i need to take to a lawyer when it comes to wc asking me to settle?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Sep 28, 2014

Answered on Sep 30, 2014

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Timothy Belt's answer
Copies of all medical records you have in your possession along with the name and address of all medical providers for your work injury. Contact information for any medical doctor including your family doctor that you treated with for up to 5 years before your work injury. Anything that you have received from the Bureau of Workers' Compensation. Anything that you have received from your employer or the insurance carrier including IME reports or settlement offers. That should be enough for...

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Q: Wc wants me to write a short letter asking the amount i want and theyll counter! What do i do?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Sep 27, 2014

Answered on Sep 28, 2014

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Timothy Belt's answer
If you want to obtain true value for your case, you should retain a lawyer to assist you with negotiations. Frankly there are so many variables involved in evaluating a claim that there is simply no way anyone on a forum could provide you with accurate guidance. Without a lawyer, you are just guessing as to the value of your claim.

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Q: Hi I had a series fall at work that caused a back fusion, a knee surgery as well as much infection. I settled the

1 Answer | Asked in Workers' Compensation for Pennsylvania on Sep 24, 2014

Answered on Sep 24, 2014

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Timothy Belt's answer
The only way to get an accurate answer to this question is to sit down with a workers' compensation lawyer and have them review the entire file. I wish I could tell you based upon a few sentences, but there is just to much involved in a case like this.

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Q: In process of settling with workmans comp.they sent paperwork but I have not signed it yet.do I still receive checks unt

1 Answer | Asked in Workers' Compensation for Florida on Sep 20, 2014

Answered on Sep 21, 2014

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Julie A. Rice's answer
You should consult an Florida Workers' Compensation Attorney before signing any documents to assure that you are receiving the proper amount of compensation, and to know exactly what you are signing. I understand that you are anxious to receive your compensation, but you might be signing valuable rights away in the process. The only one who will protect you from this is your Florida Workers' Compensation Attorney, and if you need one, then contact me at 770-865-8654 and I will immediately...

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Q: Hello. 30 days ago I signed my CR agreement and was approved by a judge and still no sign of settlement check???

1 Answer | Asked in Workers' Compensation for Pennsylvania on Sep 18, 2014

Answered on Sep 19, 2014

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Timothy Belt's answer
If the agreement was approved by the judge, the carrier has to make payment. If it has been 30 days since the circulation of the judge's decision (which is usually several days after the actual hearing) you may want to call your attorney to see if they can obtain any information regarding the status of payment. If you do not have an attorney, you may want to call the adjuster or possibly counsel for the employer. Depending on the opinion of your attorney, you may want to consider a Petition...

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Q: WC ins adj stopped chks when surgery was rescheduled (I had a fever & MD made the decision) do I have any recourse?

1 Answer | Asked in Workers' Compensation for Virginia on Nov 3, 2012

Answered on Sep 17, 2014

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Jerry Lutkenhaus' answer
If you are under an award, you can contact the Commission to enforce your payments.

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Q: does a company have to have a employee working with them at all times that is able to file a workers comp claim

1 Answer | Asked in Workers' Compensation for Virginia on Aug 7, 2014

Answered on Sep 17, 2014

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Jerry Lutkenhaus' answer
You should contact the Virginia Workers Compensation Commission and file a claim for benefits and medical care.

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Q: can i be paid directly for my medical bills

2 Answers | Asked in Workers' Compensation for Virginia on Aug 15, 2014

Answered on Sep 17, 2014

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Jerry Lutkenhaus' answer
Pays you may have incurred.

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Q: how much do VA, workers comp. lawyers make at settlment

1 Answer | Asked in Workers' Compensation for Virginia on Aug 28, 2014

Answered on Sep 17, 2014

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Jerry Lutkenhaus' answer
Generally, the Virginia Workers Compensation Commission allows a fee up to 20% of the settlement for an attorney. However, you need to review your contract with the lawyer.

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Q: Can the insurance company (Workers Comp) stop benefits or loss of wages payment if I had to have another surgery?

1 Answer | Asked in Workers' Compensation for Virginia on Sep 15, 2014

Answered on Sep 17, 2014

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Jerry Lutkenhaus' answer
In Virginia, you normally have two years from the date compensation was last paid to file for additional compensation. You indicate you returned to work in March 2011 and now are out of work again in September 2014. This is more than three (3) years since you were last paid. There are some exceptions. You can check my website at virginiadisabilitylawyer.com or call me at 804-358-4766 to see if any exceptions apply.

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Q: Been light duty/wc for two years. In a lot of pain and probably can't ever go back to my old job. Do I have any options?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Sep 17, 2014

Answered on Sep 17, 2014

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Timothy Belt's answer
Your first general option is to continue as you are now working the light duty job so long as it is available.

Another general option would be to try to settle your case and use the money to obtain training to do something else, but this would normally require a resignation from your current employment and most defendants will want to resolve future wage loss and medical benefits.

Your third general option is to find a different job that you can comfortably do while leaving...

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Q: Hi, I had a torn bicep repaired. I started having wrist issues as a result of the surgery. Is wc respons for fixing wris

1 Answer | Asked in Workers' Compensation for Pennsylvania on Sep 15, 2014

Answered on Sep 16, 2014

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Timothy Belt's answer
If you have a medical opinion indicating that "but for" the torn bicep repair you would not have the wrist issue then you have a bases to expand the description of injury to include the wrist. Talk to your doctor and make sure he/she supports this connection. If you have an attorney, you should talk to him/her first. If the carrier still refuses to cover the wrist, you may need to move forward with a petition to expand the description of injury.

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