Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

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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Q: Sedgewick(workers comp insurance) stopped my benefits 3 weeks ago without reason or notification,is that legal?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Sep 13, 2014

Answered on Sep 14, 2014

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Timothy Belt's answer
Sedgewick has been known to do such things, so you should take all of your documents to a lawyer to review the legality of their actions; however, if you are in the first 90 days of your claim, and Sedgewick only accepted the claim using a Temporary Notice of Compensation Payable, their actions may be legal. I would stress that the documents that have actually been filed will control whether or not their actions are legitimate and even if they have violated the law, you may need to file a...

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Q: Is an employer allowed to self pay the initial medical bill on a workers' compensation claim?

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

Answered on Sep 9, 2014

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Timothy Belt's answer
If it is a TPA the employer is already paying the bill. A TPA is a Third Party Administrator used by self-insured employers. However, to answer the question asked, I am aware of nothing that would prevent the employer from paying directly so long as all of the other reporting requirements are followed.

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Q: I'm a sesonal worker cleared for medium duty after 1yr off duty. Can I collect WC or UC after I get laid off in a month?

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

Answered on Sep 8, 2014

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Timothy Belt's answer
If you are laid off while working a modified duty job due to a work injury you enjoy a rebuttable presumption that your loss of earnings is related to your work injury. In other words, you will have a claim for workers' compensation, but the workers' compensation carrier may dispute your claim. Assuming you have the earning history, you may also apply for unemployment compensation, but unemployment tends to be a lower weekly rate than workers' compensation and unlike workers' compensation,...

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Q: I suffer severe neck and back head injures for 7 years. The case was settle . Worker Comp and the lawyer fee told most

1 Answer | Asked in Workers' Compensation for Pennsylvania on Aug 30, 2014

Answered on Sep 2, 2014

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Timothy Belt's answer
It sounds like you either settled the wage loss portion of your claim and left the medical open or you settled a third-party claim. I am not sure what you mean when you say that workers' compensation and the lawyer took most of your settlement since workers' compensation would not take any of a workers' compensation settlement and your lawyer would only take 20% leaving you with 80%. If there was a third party settlement then the workers' compensation carrier could recover any money they paid...

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Q: If you get a hernia from job and need surgery can you sue ?

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

Answered on Aug 29, 2014

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Timothy Belt's answer
I guess that depends on what you mean by "sue." You can file a workers' compensation claim, and you can potentially receive wage loss and medical benefits through workers' compensation. You can not pursue your employer directly in a personal injury action, but if your injury was caused by the negligence of a third-party other than your employer and coworkers, you may be able to pursue a personal injury claim against the third-party.

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Q: Can my spouse speak to the insurance adjuster for me about my case in Pa

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

Answered on Aug 28, 2014

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Timothy Belt's answer
With proper authorization, I don't see why not. The adjuster will probably want you to confirm permission on the phone or in writing first.

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Q: workman comp penna pa

1 Answer | Asked in Workers' Compensation for Pennsylvania on Aug 19, 2014

Answered on Aug 20, 2014

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Timothy Belt's answer
You should discuss this with your attorney if you want a more accurate opinion regarding the pace at which your particular judge issues decisions and how far along your case is in regard to submission of evidence; however the general standard is that the judge had a "reasonable" time period to issue a decision once all evidence is submitted and the record closed. What constitutes a reasonable time period is not defined in The Act and most judges take at least several months after the...

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Q: Who is responsible for paying for medical reports from your own doctor needed for a work comp hearing?

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

Answered on Aug 16, 2014

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Timothy Belt's answer
Who is responsible for the cost of medical records and reports should be set forth in your fee agreement with your lawyer. Many firms advance the costs but many do not, and some advance in part which sounds like your situation. From your post it looks like your lawyer paid the cost of the report for you and is allowing you to pay her back in monthly installments rather than requiring the money all at once. If your fee agreement states that you are responsible for costs, she may actually be...

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Q: I am a W2 Sales Rep who's earnings varies. I make approx 6500 gross every 2 weeks. How much would I get on workers comp

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

Answered on Aug 10, 2014

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Timothy Belt's answer
You can file a claim against the current employer. In Pennsylvania aggravation of a pre-existing condition constitutes a new injury; however they are likely to fight the claim so be prepared for a fight that could take a year or more before any benefits are received. As to the compensation rate, the rate changes from year to year and there is always a maximum benefit payable. Assuming this is a 2014 injury, the maximum weekly benefit is $932.00 per week. This is the most that will be paid...

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Q: injured on job and needed surgery for a torn rotator cuff. paid workers comp for 6 week. Can i still sue for settlement

1 Answer | Asked in Workers' Compensation for Pennsylvania on Aug 4, 2014

Answered on Aug 4, 2014

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Timothy Belt's answer
Unless you signed a document releasing your claim, you can certainly pursue a settlement for any future wage loss or medical benefits to which you would otherwise be entitled. I would suggest that you contact a competent workers' compensation attorney in your area to review your particular facts and potential strategies.

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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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