Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: If I own a business and my children work there, am I required to carry workman's comp. on them?

1 Answer | Asked in Workers' Compensation for California on Feb 20, 2015

Answered on Feb 24, 2015

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Mr. Robin Mashal's answer
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

You should carry worker's comp insurance for all employees.

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Q: I've been on PA Worker's Comp since 2013. Last week my direct deposit didn't show up. What can I do?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Feb 23, 2015

Answered on Feb 23, 2015

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Timothy Belt's answer
Sometimes a claim simply falls out of the system when the adjuster fails to order a continuation of payment. If you have a lawyer, you call and let him know. He will then contact the carrier or their lawyer to deal with the problem. If you do not have a lawyer, call the adjuster and let her know about the problem. If the problem persists, you may need to file a Petition for Penalties. You can file the petition on your own, but since the process is somewhat complicated you may want to seek...

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Q: If I saw my family doctor with permission of human resources can I still file a work comp claim

1 Answer | Asked in Workers' Compensation for Georgia on Feb 10, 2015

Answered on Feb 21, 2015

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Julie A. Rice's answer
You need to get a workers' compensation attorney as soon as possible. Your own doctor may not be able to help you in workers' compensation claim as you are, technically, supposed to see one the doctors provided by your employer on the panel of workers' compensation physicians. If you have already deviated from the suggested and accepted practice in your case, then you are doing yourself more harm than good so seek the advice and counsel of an experienced workers' compensation attorney before...

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Q: I have a 5% permanent disability according to FCE my employer is offering me a job based on commission. Can I be fired

1 Answer | Asked in Workers' Compensation for Georgia on Feb 16, 2015

Answered on Feb 20, 2015

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Julie A. Rice's answer
If your injury was on the job, then you should be seeking the counsel of a workers' compensation attorney. It sounds like your employer is offering you a job that is lesser in pay due to your disability and that is not against the law unless you were injured at work and that caused your disability in which case you may be entitled to payment from your employer for the loss in wages due to your disability and the disability itself. Don't let too much time pass before you seek the counsel of a...

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Q: What does it mean when the deffeness Brief are late and they have not been granted a extension in pa workers comp

1 Answer | Asked in Workers' Compensation for Pennsylvania on Feb 17, 2015

Answered on Feb 17, 2015

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Timothy Belt's answer
It depends on the judge. Some judge's will not consider their brief. Some judge's will review anything submitted up until the day that they actually start reviewing the file to write their decision, and other judge's will consider a late submission, but clearly indicate in their Decision, that the brief was submitted late.

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Q: If I'm looking hours due to dr orders is comp to pay me for hours lost that I was scheduled to work

1 Answer | Asked in Workers' Compensation for Pennsylvania on Feb 16, 2015

Answered on Feb 17, 2015

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Timothy Belt's answer
You are not entitled to wage loss benefits for less than a week of lost time. Once you pass the one week marker, you are entitled to wage loss and if you pass the two week marker, you are entitled to wage loss from the date of injury forward.

What you are describing is partial wage loss. The formula for partial is time of injury average weekly wage minus your actual earnings multiplied by two-thirds. So assuming you have already missed the equivalent of a week of work, yes you do...

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Q: My workers comp ins. called me and said "due to time constraints, w/o talking to the hospital or dr your claim is denied

1 Answer | Asked in Workers' Compensation for Florida on Feb 9, 2015

Answered on Feb 9, 2015

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Robert Jason De Groot's answer
Whenever you have a worker's comp question, the best way to get it answered is to go see a worker's comp attorney.

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Q: Was injured on job,went to one of there panel doctors didn't drug test me.Can they drug test me 10 days later?

2 Answers | Asked in Workers' Compensation for Pennsylvania on Feb 7, 2015

Answered on Feb 8, 2015

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Timothy Belt's answer
That is certainly possible, and if your employer has a policy regarding random drug tests, you could be subject to a drug test at any point going forward.

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Q: My company told me that I have to go to the Dr. on my own time for a workman's comp injury. Is this true??

1 Answer | Asked in Workers' Compensation for Pennsylvania on Feb 6, 2015

Answered on Feb 6, 2015

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Timothy Belt's answer
This is partially true. To the extent that treatment is available outside of your working hours, you have an obligation to schedule outside of your normal working hours. If you fail to do so, you will not be entitled to wage loss benefits for time missed to attend the doctor's appointment. If the treatment is not available outside of working hours, you can seek treatment during your working hours, and you can also potentially receive wage loss benefits for time missed from work.

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Q: what happens to your WC payments if you can not find work after being released back to full duty?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Feb 4, 2015

Answered on Feb 5, 2015

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Timothy Belt's answer
Assuming this is an accepted claim for which you are receiving ongoing wage loss benefits, and you are not still within the first 90 days with the filing of a Temporary Notice of Compensation Payable, then your wage loss benefits continue until you either agree to have them stop or a judge orders that your benefits stop.

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Q: Is my Florida worker comp Exemption Certificate valid to a Ga company we work for?

1 Answer | Asked in Workers' Compensation for Florida on Jul 23, 2014

Answered on Feb 4, 2015

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Robert Jason De Groot's answer
Sometimes you just have to get an attorney to resolve matters.

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Q: How do you go about getting paid workers compensation if they have been under paying you and you just realized it?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 31, 2015

Answered on Feb 3, 2015

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Timothy Belt's answer
You could attempt to talk to the adjuster and see if they will voluntarily modify the payment rate. If that is unsuccessful, you will need to file a Petition to Review/Reinstate.

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Q: Can workers compensation stop my benifit payments after a WCJ granted benifits at a hearing to suspend benifits?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 31, 2015

Answered on Feb 3, 2015

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Timothy Belt's answer
When a Petition to Suspend is filed, there is an initial hearing to address something called supersedeas. Supersedeas is a request by the defendant that your wage loss benefits stop while the petitions are being litigated. If the judge denies the request for supersedeas, you will normally continue to receive wage loss benefits until the final decision on the petition. This is not a decision on the actual petition; it is only a decision on the Request for Supersedeas, and it will not prevent...

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Q: My question is regarding my own situation. In 2007 I was incarserated for 4 days and was recieving temporary total comp.

1 Answer | Asked in Workers' Compensation for Ohio on Jan 30, 2015

Answered on Feb 2, 2015

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Matthew Williams' answer
You need to speak with your attorney. He or she knows the fact. I don't. It's that simple. If they want to keep 4 days because you were in jail, and that's the end of it. It may be best to let sleeping dogs lie, but you need to consult with your attorney.

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Q: Receive workers comp benefits from company A- I'm considering taking a job with Company B. Do my benefits transfer?

1 Answer | Asked in Workers' Compensation for Georgia on Jan 27, 2015

Answered on Feb 1, 2015

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Julie A. Rice's answer
Not likely. Once you start working then your current employer doesn't necessarily have to take care of you. Before you make this move and risk losing your benefits, you need to get an attorney.

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Q: After my w/c depo attorney cancel mediation hearring.What's next?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 29, 2015

Answered on Jan 31, 2015

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Timothy Belt's answer
You would need to ask your attorney. Most cases have 2 hearings and 2 medical depositions, but some cases have more depositions or more hearings. Without access to the complete procedural history of your case and the particulars as to the witnesses being presented no one on this type of forum would be able to know where you are or what is next in your particular case.

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Q: At a I M E do I have to let a nurse case manager in the room while I am being examined ?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 29, 2015

Answered on Jan 31, 2015

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Timothy Belt's answer
No, but keep in mind that the doctor probably has his own nursing staff that may be present. Furthermore, since the IME is not for treatment, the nurse case manager could meet with the IME doctor before or after your exam.

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Q: Do I have to keep updating a workers compensation carrier of my appointments and progress in PA?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jan 28, 2015

Answered on Jan 30, 2015

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Timothy Belt's answer
The carrier has a right to medical information required for billing purposes. They do not have a right to contact your doctor for additional information unless you sign an authorization. They do not have a right to send a nurse case manager to talk to your doctor. However, just because they do not have the right to do something does not mean that they will not do it anyhow.

If you want this to stop, hire a lawyer to withdraw all authorizations and send all future callers to him.

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Q: Can my lawyer settle a workers comp case without me present?

1 Answer | Asked in Workers' Compensation for Ohio on Jan 28, 2015

Answered on Jan 28, 2015

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Matthew Williams' answer
If you give your attorney authority to enter into a settlement arrangement, he or she should be able to settle a case on your behalf. You may be required to sign some documents, but that can be done through the mail.

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