Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

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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Q: Proof time is still open regarding your claim and attorneys are filing medical evidence at this time. What does this mea

1 Answer | Asked in Workers' Compensation for Kentucky on Aug 14, 2014

Answered on Nov 3, 2014

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Justin Lee Lawrence's answer
This simply means the case is ongoing and the attorneys are filing evidence with the court that they intend to use if your case has to be taken to final litigation before an Administrative Law Judge. Based on that very generic description, I'd say the attorneys are just doing their jobs.

Here's some more information about the workers' comp system: http://www.lawrencelaws.com/faqs/what-does-a-workers-compensation-attorney-do/

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Q: What is the statute of limitations for a workers comp claim? Please see details.

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

Answered on Nov 3, 2014

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Justin Lee Lawrence's answer
You only have two years following the date of injury or the date of the last TTD payment, whichever is later. If you did not get TTD following an injury in January 2012, then your statute of limitations expired January 2014.

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Q: Hi, 1 surgery was done for rotator cuff tear, no improvement, doc says I need another surgery, but, he won't claim WC.

1 Answer | Asked in Workers' Compensation for Kentucky on Aug 15, 2014

Answered on Nov 3, 2014

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Justin Lee Lawrence's answer
Get an attorney and - assuming the attorney thinks the injury and surgery is work related - the attorney will make the Comp carrier pay back the health insurance carrier.

Here is some more information on the Comp carrier's duty to pay medical bills: http://www.lawrencelaws.com/workers-compensation-employment-law/medical-treatment/

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Q: i had a workers comp,settelment and was given life time medical,but the insurance co,keeps taking me back to court

1 Answer | Asked in Workers' Compensation for Kentucky on Sep 8, 2014

Answered on Nov 3, 2014

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Justin Lee Lawrence's answer
Unfortunately, that is one way the Comp system is broken. The carrier can take you to court over and over again, but they don't have to pay for your costs and fees when you win. It is getting easier to find an attorney to represent you on these medical fee disputes because your attorney is allowed to charge you now (we weren't always allowed to do that), but obviously that means you have to have the money to pay a lawyer. That's always an issue and makes these situations a terrible blight on...

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Q: Was injuryed on feb32014 was told i had to come work in the office or lose my job and insurance now im being told i have

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

Answered on Nov 3, 2014

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Justin Lee Lawrence's answer
They are not allowed to force you back to work and threaten your job. If you have a Workers' Comp claim, and your doctor says you need to be off work or on light duty, then the employer cannot retaliate against you that way.

As for the interview, that sounds like a standard medical exam. That is normal, but the person examining you is probably the employer's paid shill. Be very careful - I think you need an attorney.

Here is some information about how the Workers'...

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Q: W/c judge approved my future medical coverage, employer still denied my needed surgery what's next?

1 Answer | Asked in Workers' Compensation for Kentucky on Sep 25, 2014

Answered on Nov 3, 2014

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Justin Lee Lawrence's answer
You need an attorney to stop the employer from engaging in this bs behavior. Here's some information on how a medical fee dispute can not only make the employer pay for the surgery, but also possibly result in the employer getting fined:

http://www.lawrencelaws.com/workers-compensation-employment-law/medical-treatment/

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Q: My wc claim settled a year ago. NOW im Going back to court for 50%.Whats that mean. I just found out.

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

Answered on Nov 3, 2014

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Timothy Belt's answer
You should really ask your attorney but my best guess is this is a Petition for Penalties based upon failure to pay consistent with the settlement agreement. Since this is a surprise to you, I assume you received your money, this is probably unpaid medical bills, litigation costs or attorney's fees. Again, your attorney is the only one that can provide you with a definitive answer in regard to the reason for the petition.

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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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