Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: On workers compensation due to tear in rotator cuff need surgery. Was just offered a job with no lifting can I take it

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jul 8, 2014

Answered on Jul 9, 2014

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Timothy Belt's answer
The short answer is yes, you can take the job. The longer answer includes the fact that your wage loss benefits will be reduced or possibly eliminated based upon your actual earnings, and if the job is for someone other than the employer at which you were injured, the time of injury employer may raise issues including allegations that your injury was made worse by the new job and that but for the new job they would have had work for you so they shouldn't have to pay wage loss in the future....

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Q: I was injured on 1/26/14. I have not worked since. However, I was just medically cleared to return to the workforce.

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jun 29, 2014

Answered on Jun 30, 2014

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Timothy Belt's answer
First, if you have a workers' compensation attorney, you should be discussing this question with him. If you do not have an attorney, you should seriously consider getting one since the litigation process is complicated, and you are unlikely to be successful handling the Claim Petition yourself.

In regard to your question, there is nothing in the Pennsylvania Workers' Compensation Act to compel your former employer or its carrier to pay for additional education. If you require...

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Q: What if my employer cant give me 40 hours of work within my restrictions? How is partial WC determined?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jun 25, 2014

Answered on Jun 27, 2014

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Timothy Belt's answer
The relevant number is not the compensation rate that you were being paid but rather the average weekly wage for the date of your injury. The rate schedule varies from year to year, and the last several years can be reviewed at http://www.portal.state.pa.us/portal/server.pt?open=514&objID=552650&mode=2. The formula is your average weekly wage minus your actual gross earnings multiplied by 2/3. So if for example your average weekly wage is $600 and you are earning $300 per week your temporary...

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Q: What happens when you file WC and can't work? Do you get paid if your boss fights it,or do you have to wait for decision

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jun 7, 2014

Answered on Jun 16, 2014

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Timothy Belt's answer
If your employer or its workers' compensation carrier fights your entitlement to workers' compensation benefits you may be required to litigate your entitlement by filing a Claim Petition for workers' compensation benefits. You will have to wait for a decision unless an agreement is reached during the litigation process. The process itself is rather complicated and can easily take a year or more from the date of filing to receive a decision. If you have not already done so, you may want to...

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Q: My workmens comp co wants a recorded statement. How much time do I have to get an attorney before they can force issue

1 Answer | Asked in Workers' Compensation for Virginia on Aug 15, 2013

Answered on Jun 9, 2014

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Jerry Lutkenhaus' answer
As a Virginia Workers Compensation lawyer, I can tell you there is no set time for providing a recorded statement. However, the problem is the insurance company will probably not pay medical expenses or compensation until after a recorded statement. It may be wise to consult a workers compensation lawyer before providing a statement.

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Q: My WC claim was denied, I was advised to retain an attorney, is that necessary

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

Answered on Jun 9, 2014

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Jerry Lutkenhaus' answer
If your Virginia workers compensation claim is denied, you need to file a Claim for Benefits with the Virginia Workers Compensation Commission. It is always wise to at least consult an experienced workers compensation lawyer about your case. Many lawyers will provide free consultations.

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Q: if you withdraw from a WC claim, do you have to pay the fee for your lawyer as well as the other sides lawyer?

1 Answer | Asked in Workers' Compensation for Georgia on Jun 5, 2014

Answered on Jun 9, 2014

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Jerry Lutkenhaus' answer
You need to review the contract you signed with your workers compensation lawyer. You may have agreed to an hourly rate or a contingency fee. If an hourly rate, then the lawyer can charge for the hours he has worked on your case. If the contract is based on a contingency (meaning a settlement or recovery) then you may not owe anything.

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Q: I had surgery for broken spine from work injury 5 years ago. Still heavy laborer, getting worse. Can I file now?

2 Answers | Asked in Workers' Compensation for New York on Jun 5, 2014

Answered on Jun 6, 2014

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Tracy A. Brune's answer
You have two years to file a claim. However, the employer may have waived this defense by payment of the medical bills. I would strongly suggest you check with an attorney in your area who specializes in New York State workers' compensation law, and file a claim asap.

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Q: If there is mold in office at work and they know about it and have not corrected it yet and I keep getting sick.

1 Answer | Asked in Workers' Compensation for New York on Jun 3, 2014

Answered on Jun 4, 2014

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Tracy A. Brune's answer
Under workers' compensation, you do have the right to pursue a claim for any problems you are experiencing due to mold at work. Your claim would entitle you to medical care and compensation for any lost time or reduced earnings. However, the law judge would not have the power to order your employer to fix the problem, at least under NY workers' compensation law. If you are forced to quit because you can't tolerate the office, you would be entitled to compensation. However, the first step...

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Q: I am not satisfied with my present workers comp.lawyer is it ever to late to find a new lawyer?

1 Answer | Asked in Workers' Compensation for New York on Aug 2, 2013

Answered on Jun 1, 2014

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Tracy A. Brune's answer
No, you have the right to obtain a new lawyer at any time. Keep in mind, however, that your current attorney has a right to put a lien on your file for any unpaid work. The lien will be addressed by the law judge at a hearing, and you will have the right to comment on the same.

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Q: In auto accident at work owners of company telling everyone nothing happened have had no treatment over a year help ?

1 Answer | Asked in Workers' Compensation for New York on Jan 2, 2014

Answered on Jun 1, 2014

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Tracy A. Brune's answer
You have 30 days to provide notice to your employer, and you have two years to file a claim with the workers' comp board. The 30 day rule is flexible, particularly if you treated within the first 30 days following the accident (it sounds like you did). Regardless of whether your employer is now saying "nothing happened" you should immediately file a claim with the board. If you need treatment, you should immediately pursue it, and make sure your doctors receive a full history of the accident...

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Q: If I injured myself in October and kept working should I and could I still file for workers compensation?

1 Answer | Asked in Workers' Compensation for New York on Dec 27, 2013

Answered on Jun 1, 2014

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Tracy A. Brune's answer
You should definitely file a claim, if for no other reason than to make sure you are covered down the road. In addition, you may be entitled to a permanency award depending upon the injury, regardless of whether you have lost any time from work.

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Q: Does a patient need to sign a release for each physician they see under NYS workers' compensation for their attorney?

1 Answer | Asked in Workers' Compensation for New York on Mar 6, 2014

Answered on Jun 1, 2014

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Tracy A. Brune's answer
The release is typically very generalized, but each provider requires a release. In addition, some government institutions (such as the VA or a State run hospital) require a very specific release.

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Q: I have an open workman comp case that is going to a hearing. Can my job duty be changed with an open comp case

1 Answer | Asked in Workers' Compensation for New York on Feb 26, 2014

Answered on Jun 1, 2014

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Tracy A. Brune's answer
It is difficult to tell based upon your question. However, if you are wondering whether your employer is able to create a light duty position for you, the answer is yes. In fact, I have also seen situations where an employee is either laid off or terminated if he or she is no longer able to physically perform the job. You should consult with a New York workers' compensation attorney and discuss your options.

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Q: I have workers compensation in NY and I need rotator cuff surgery can I have the surgery in GA?

1 Answer | Asked in Workers' Compensation for New York on Mar 28, 2014

Answered on Jun 1, 2014

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Tracy A. Brune's answer
Yes, you are permitted to have out of state treatment. However, if you now reside out of state, the New York State medical guidelines will not apply. This could make a difference in regards to whether your doctor is required to obtain pre-authorization for the procedure.

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Q: Dr treating me is the one I had in emergency room, can I change doctors after 4 months of him.

1 Answer | Asked in Workers' Compensation for New York on May 29, 2014

Answered on Jun 1, 2014

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Tracy A. Brune's answer
You are allowed to change doctors and you do not need pre-approval to do so. You can either consult with your family doctor and get the name of a local ortho, or just seek one out on your own.

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Q: Return to work after surgery

1 Answer | Asked in Workers' Compensation for Delaware on May 25, 2014

Answered on May 30, 2014

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Charles Snyderman's answer
This is not unusual. The final say rests with the Industrial Accident Board which will hold a hearing. You should consult with an attorney with expertise in this area.

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Q: As an employer a WC claim is opened, can we pay some of the bills ourselves and put later bills thru on the open claim?

1 Answer | Asked in Workers' Compensation for Pennsylvania on May 29, 2014

Answered on May 30, 2014

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Timothy Belt's answer
My first concern would be that there are time frames that you should report claims to your carrier and to the Bureau of Workers' Compensation, and if you fail to abide by these requirements you may have issues later in the claim. Furthermore, the carrier may want to have an active role from the beginning to minimize potential recovery.

My second concern is that if you pay wage loss benefits without filing the proper temporary notice this is treated as accepting the claim and can result...

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Q: Are we eligible for cash settlement? Should we get an attorney?

1 Answer | Asked in Workers' Compensation for Wisconsin on Jan 20, 2013

Answered on Apr 10, 2014

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David M. Erspamer's answer
Yes, if there is a permanent injury, Wisconsin provides for an award. Also, if there is long term wage loss, the law provides for an additional payment called "loss of earning capacity."

The injury is work related if the work is one of the "substantial factors" in causing the pain.

I suggest you call an experienced workers comp lawyer who can explain these concepts in greater detail.

Erspamer Law Offices- Dave Erspamer

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