Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: can make settlement even i reach to MMI ?Thanks.

1 Answer | Asked in Workers' Compensation for Florida on Dec 17, 2014

Answered on Dec 19, 2014

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Keith Petrochko's answer
Yes. But you should hire an attorney to help with your claim.

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Q: Settled case a year ago with C&R no imapirments rating after mmi can I go back to work as a cna

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

Answered on Dec 19, 2014

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Timothy Belt's answer
If you settled your case, you are free to do whatever job you feel is appropriate. The only possible exception would be if you signed a resignation or release document indicating that you would not seek employment with your time of injury employer, but even that document would not prevent you from reentering the field, it would simply limit where you can work.

In regard to impairment rating, they are only used in PA to cap entitlement to ongoing benefits and have no bearing on any...

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Q: Am self-employed&have on the job injury.What avenues do I have (if any) for Worker's Comp benefits or short disability?

1 Answer | Asked in Workers' Compensation for Georgia on Dec 19, 2014

Answered on Dec 19, 2014

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Kirby G. Smith's answer
Generally speaking, if you are self-employed, you are considered an "employer" and not an "employee." However, if you have insurance and informed your insurance provider that you wanted to be covered as an employee, you may have options available to you.

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Q: the company I work for just told me they were shutting the doors and I'm still out on workman's comp, what do I do

1 Answer | Asked in Workers' Compensation for Virginia on Nov 10, 2014

Answered on Dec 18, 2014

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Jan F Hoen's answer
If you are under an award, the employer's insurance carrier will continue to pay benefits whether the business is still open or not. If they allow their worker's comp insurance to lapse, the employer will be subject to penalties and you may pursue an uninsured employer's claim for your benefits.

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Q: This is WC. I told the adjuster I wanted to settle , she said wait until next Dr. visit. After that visit I received

1 Answer | Asked in Workers' Compensation for Virginia on Dec 17, 2014

Answered on Dec 18, 2014

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Jan F Hoen's answer
The employer's insurer cannot be forced to settle.

If the claim has been closed and the new diagnosis is related, make sure a claim for benefits is properly filed and get an award order entered.

You may require an attorney to represent you if the employer's representative is not cooperating with you.

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Q: I work at a shipyard as a steelworker, i tore my bicep tendon at work on October 5th 2014. I was looking for other work

1 Answer | Asked in Workers' Compensation for Virginia on Dec 13, 2014

Answered on Dec 18, 2014

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Jan F Hoen's answer
If you quit your current job, you will surrender wage benefits from the shipyard.

Your medical benefits should continue.

If you have not already done so, be sure that an award has been entered to protect your right to future benefits. Do not just rely on the employer to voluntarily continue paying your medical bills.

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Q: Can partial time independent self work affect my workers compensation case?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Dec 5, 2014

Answered on Dec 6, 2014

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Timothy Belt's answer
This can absolutely affect your case. If you had self-employment income before the work injury and that income did not change after the work injury, then there is no credit, but if the self-employment income increased, the workers' compensation carrier would be permitted to reduce or even eliminate your wage loss benefits. If you have been being paid workers' compensation while receiving income from self employment, you may have been overpaid, and you may owe the workers' compensation carrier...

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Q: Can partial time independent self work affect my workers compensation case?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Dec 5, 2014

Answered on Dec 6, 2014

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Timothy Belt's answer
This can absolutely affect your case. If you had self-employment income before the work injury and that income did not change after the work injury, then there is no credit, but if the self-employment income increased, the workers' compensation carrier would be permitted to reduce or even eliminate your wage loss benefits. If you have been being paid workers' compensation while receiving income from self employment, you may have been overpaid, and you may owe the workers' compensation carrier...

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Q: Does the carrier owe checks in between the time you go to a settlement hearing and the time the judge issues a decision?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Dec 5, 2014

Answered on Dec 6, 2014

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Timothy Belt's answer
It depends on the language of the settlement agreement, but most agreement's indicate that the wage loss benefits will stop as of the date of the hearing. In your case that would be the 24th. I would suggest you call your lawyer and confirm the terms of your particular agreement.

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Q: Can a lawyer quit your case after getting a settlement on loss of wages in PA?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Dec 5, 2014

Answered on Dec 6, 2014

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Timothy Belt's answer
Short answer is yes. Many lawyers view the fee from the wage loss settlement to be payment to handle the ongoing medical benefits, but this is not universally true and there is nothing that would prevent the attorney from ending the relationship at a later date with approval from the judge.

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Q: Can workers comp cut me off after doctor releases me back to work even when i want a second opion. Sill having issues.

1 Answer | Asked in Workers' Compensation for Pennsylvania on Dec 2, 2014

Answered on Dec 3, 2014

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Timothy Belt's answer
Assuming your claim has been properly accepted, the carrier would need to either obtain your signature on an agreement or a judge's order before they can legally stop paying benefits. If your claim has not been accepted and wage loss benefits have not been paid, or if you are within the first 90 days of wage loss and your injury was only accepted through a Notice of Temporary Compensation Payable, the carrier can potentially stop all payments. If you have a lawyer, you should review this...

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Q: what do you do if your work comp lawyer has passed away

1 Answer | Asked in Workers' Compensation for California on Nov 11, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
Ask for a delay in the proceedings so that you can go find a other lawyer. Hopefully your lawyer had colleagues or staff from which you can get your case file.

Andy

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Q: I have wc case my lawyer not keeping informed on the case can I fire him without paying him if I hire a new lawyer? I

1 Answer | Asked in Workers' Compensation for California on Nov 19, 2014

Answered on Nov 28, 2014

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Andy Chen's answer
You can certainly fire your lawyer at any time, but you need to pay him for all the work he has done up to that point. If you and he dispute the value of the work done up to that point, then the two of you need to go to mediation or arbitration to resolve that. Unless he did absolutely nothing at all on your case, the odds of you being able to fire him without paying him a cent are next to nil.

Andy

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Q: off work because my employer has no modified duty after a work related injury, who pays my portion of medical benefits

1 Answer | Asked in Workers' Compensation for California on Nov 21, 2014

Answered on Nov 23, 2014

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Ronald Mahurin's answer
If youe claimed injury is admitted by the carrier, you should incur no costs for treatment. If the claim is denied and you are seeking treatment through your regular medical provider you might be asked for co-pays, but you can send copies of the co-pay receipts to the carrier for reimbursement. In sum, under California law the injured worker does not pay for medical treatment. Look up the Multiple Physician Network MPN for your carrier if the claim is admitted and select a physician in the...

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Q: I have been on WC since 07 for disk issues and having 2 dif. fusions. Will they settle at some point and for how much?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Nov 16, 2014

Answered on Nov 17, 2014

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Timothy Belt's answer
Most cases eventually settle.

As to the amount, that depends on numerous factors including but not limited to your description of injury, need for ongoing treatment, time of injury average weekly wage, work restrictions, local job market, age, education and work background. If you want a realistic assessment of the value of your case, you should sit down with an experienced workers compensation attorney to review all of the facts in your particular case.

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Q: If I have had 3 low back fusions surgeries in the past 7 years, will workers comp settle with me at some point?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Nov 16, 2014

Answered on Nov 17, 2014

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Timothy Belt's answer
Most cases settle eventually; however if you have had 3 surgeries, you may not want to settle your case since the workers' compensation carrier will normally want to settle both wage loss and medical benefits. In other words, if you settle your case the coverage for future medical bills may be resolved leaving you responsible for future payments.

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Q: I settled PA workers comp case and would like to know a time frame for when i will be getting my money? Waived appeal.

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

Answered on Nov 15, 2014

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Timothy Belt's answer
The relevant date is not the date of the hearing but the date of the written decision. When the decision is received there will be a "Circulation Date" in the top right hand corner of the first page. If payment is not mailed within 30 days of that date, it would be considered late. However, most carriers will mail the payment within 2-3 weeks of this date. Unless some other arrangement has been made, the check is normally mailed to you at the address listed on the Compromise and Release...

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Q: Can my employer make me write book reports on safety as light duty work for a workers comp claim

1 Answer | Asked in Workers' Compensation for Kentucky on Mar 12, 2014

Answered on Nov 3, 2014

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Justin Lee Lawrence's answer
A case came out on this VERY recently that suggests the answer is no, or at least that they may still have to pay you TTD. I have not written anything on that case yet, but this is the closest thing I have on my site: http://www.lawrencelaws.com/faqs/do-i-have-to-go-back-to-work-when-the-insurance-company-tells-me-to/. I will probably write an article on that case in the near future.

If you want to fight this, get a good Comp lawyer in your area and stand up for your rights. Good...

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Q: If I'm on workers compensation can I still work. I'm a sales rep for cable company and was wondering??

1 Answer | Asked in Workers' Compensation for Kentucky on Jul 9, 2014

Answered on Nov 3, 2014

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Justin Lee Lawrence's answer
If you want to work, you can. You just won't get TTD and that will start the statute of limitation running. Check this out for more information: http://www.lawrencelaws.com/faqs/do-i-have-to-go-back-to-work-when-the-insurance-company-tells-me-to/

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Q: My dad was hurt on the job over 20 years ago. A WC doc said he could return to work!! They are terminating his pay! ??

1 Answer | Asked in Workers' Compensation for Kentucky on Dec 17, 2013

Answered on Nov 3, 2014

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Justin Lee Lawrence's answer
There's not really a question being posed here, and there's not enough detail to give you any kind of answer. A WC doc said he could return to work yesterday, or 20 years ago?

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