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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation and Constitutional Law for Alabama on
Q: Can I use for work comp as long as medical is open? Even if it's been over 2 years?

It's been just over 2 years, but medical is still open, they offered 1000 and was gonna keep medical open but I didnt take money

Jeffrey G. Blackwell
Jeffrey G. Blackwell answered on Jun 23, 2021

The short answer, is yes. Medical benefits are not currently subject to the two year statute of limitations. They are legally available for the remainder of your life. If you are still suffering problems from your accident and injury, you should seek medical care as soon as possible. Keep in mind,... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Can we claim the price/usage increase compared to our average electric bill?

My husband broke his right ankle at work. He is now home 24/7. Our electric bill has gone up because he is home.

Nancy J. Wallace
Nancy J. Wallace answered on Jun 21, 2021

Sadly, no! There is nothing in the Labor Code that requires the Employer or INsurer to pay for the increase in residential electricity during periods of Temporary Disability. The Labor Code only requires payment for 'reasonable' treatment (which includes mileage reimbursement to the... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: When do I start getting PPD?

My last appointment where my MD told me I was at MMI was 13 days ago. I have heard nothing from him or my WC company. I looked online and it says that my return to work day was 12 days ago. When are they required to pay me my PPD in California (I thought it was 14 days)? I called the MD office... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jun 9, 2021

if you went to a doctor 'in bed' with the insurance adjuster, he may be writing you have ZERO rateable Whole Person Impairment from this injury. I set a trial for one just like that today...the treating physician said the worker had permanent restrictions from her injury but no... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury and Workers' Compensation for California on
Q: a corrupt doctor had my supportive care ended, the lawyer and insurance co were complicit ! I have documentation please

Please help, the attorney made false pleadings to the judges, the doctor did not even see me for 10 minutes and never examined me.

the recent laws changed helped them to squash my pleadings. I've gone as far as I can . they made so many lies that can be proven with electronic files.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jun 9, 2021

MORE INFO NEEDED.

YOU NEED A LAWYER THAT IS WILLING AND CAPABLE OF HANDLING THIS MATTER ON A CONTINGENCY......IT IS NOT MY FIRM AS WE DON'T DO THAT KIND OF MATTER.

MOST LAWYERS DO NOT WANT TO THROW THEIR OWN MONEY AT LITIGATION THAT MAY BE STALE?

I ASSUME IF THIS WAS A...
Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Tennessee on
Q: do I have a lawsuit?

my company has allowed an employee for years to be a tyrant among other employees without reprimanding her. Company policy states its zero tolerance to violence. With management taking the necessary steps they suppose to take I fell victim to this war path. she physically attacked and as result... Read more »

Jonathan William Doolan
Jonathan William Doolan answered on Jun 7, 2021

You have several claims, depending on the size of your employer, where the assault occurred, and the circumstances for your not being able to work. I would strongly suggest that you contact an attorney who handles workers' compensation and employment law cases. Generally they offer free... Read more »

1 Answer | Asked in Workers' Compensation for South Carolina on
Q: I've had to have 2 surgeries on my leg from my injury the owner of the company is who caused it does that help my case

I was rushed to the trama center and put into emergency surgery

Jeffrey David Morris
Jeffrey David Morris answered on Jun 7, 2021

South Carolina workers compensation is a no fault system. Therefore, the fact that your boss caused your injury does not help or hurt your case. Having had two surgeries already, you need to consult with a South Carolina workers compensation injury attorney ASAP. You are going to be out of work for... Read more »

4 Answers | Asked in Bankruptcy, Contracts, Workers' Compensation and Public Benefits for California on
Q: I am the vendor in a bankruptcy case and the pay out was to commence on 2021/25/05, and the judge approved my paperwork.

Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.

Tristan Brown
Tristan Brown answered on Jun 3, 2021

Hello,

Given the information provided, I am unable to determine what information you are seeking. Please provide some additional information if you are seeking an answer or solution on this forum.

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: How long before an emergency hearing will be held in Maryland for work comp after filing
Scott Scherr
Scott Scherr answered on Jun 3, 2021

When an attorney requests an emergency hearing, the Workers' Compensation Commission must first decide whether to grant it. If it is granted, the hearing will usually take place in 30-60 days, but it varies.

1 Answer | Asked in Workers' Compensation for Maryland on
Q: How long does a doctor have to produce IME findings in Maryland
Scott Scherr
Scott Scherr answered on Jun 3, 2021

There is not time deadline for the IME doctor to produce his or her findings. Your attorney can request a copy of the report from the insurance company if it has been a while.

1 Answer | Asked in Workers' Compensation for New York on
Q: Am I entitled to a settlement if I can’t go back to work for a worker’s compensation injury?

I have a torn meniscus from an injury at work. My work is as a fitness instructor and there are no hours that aren’t full out physical work . My knee is not doing well and I am wondering how best to be prepared if I can’t go back to work . It’s a tricky thing because the doctor haS approved... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 2, 2021

An experienced workers' comp attorney should address your question, but it remains open for four days. One option at this point is to reach out to workers' comp attorneys to discuss file in detail. Many WC attorneys offer free initial consults. As with other injury-related claims,... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: I was working for a person they were late on my pay so they put in their credit information on my Phone to pay it

He didn't pay me in full when I was working with himand also didn't pay me my last check. the card was charged I didn't get to pay with cash but his card was charged 67 dollars when I called for an extension I guess they just charged me to the info he left logged in I tried canceling... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on May 31, 2021

This is NOT a true 'workers compensation' matter, workers comp is for folks who fall of the ladder at work and need a back surgery. YOU have a Labor Law question, a WAGE CLAIM. Wage Claims go to the California Labor Board : https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm That is... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Workers' Compensation for Texas on
Q: How to describe pain in body specifically without sounding like a junkie or like I'm reading off a cue card

Ok so my attorney said he wants me to list off all my back issues with like l1 l2 l3 l4 l5 c2 c3 c4 and t1 t2 t3 t4 t5 n neck and my torn shoulders he said you have tooth pain that's your new fav word look at a nerve diagram and follow these nerves n be like cause l5 is messed up on pauper... Read more »

Tim Akpinar
Tim Akpinar answered on May 29, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Regardless of what state you're in, it sounds like you have an attorney representing and advising you. So that must be respected. But as a general note, it sounds like you are going to an IME (independent medical... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Missouri on
Q: Could I sue for more money after a job I quit has yet to pay me

It has been 2 months since working there and they haven’t payed nor do they do the mangers or store answer there phone

Kyle Anderson
Kyle Anderson answered on May 25, 2021

Hello, employers are required to pay in accordance with federal overtime and minimum wage laws. If you weren't paid at all, or a portion of your pay was withheld, you may have a minimum wage violation claim. If you worked overtime during the period, you may have an overtime claim as well. I... Read more »

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2 Answers | Asked in Workers' Compensation for North Carolina on
Q: Can I file workers comp for an injury that occurred at work while I was still employed there in February ‘19?

My employer was aware of my injury as it happened in front of him but I did not file a claim at the time. There were multiple witnesses and I did have to go to urgent care due to this injury. I have record of that visit. This injury continued causing problems for the next two years including... Read more »

David Gantt
David Gantt answered on May 25, 2021

Yes, in some situations. While NC law technically requires filing a workers' compensation claim within thirty (30) days of the accident, the Court will accept claims filed within two (2) years in most situations. The Courts have generally held that claims filed within two (2) years are... Read more »

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: regarding FMLA.. my employer is saying I'm on the FMLA abuse list one day. because i went over the certified hours

I went over the hours the doctor certified me with... but all the times my supervisor had approved my time off but one day my manager tells me that I'm on the FMLA abuse list cause i went over my hours. they didn't even ask me if i can provide doctors notes for the days I left early which... Read more »

Neil Pedersen
Neil Pedersen answered on May 22, 2021

There is nothing in the FMLA that talks about an FMLA Abuse List. That is an internal thing at your employer. I would surmise that what you are being told is that your employer suspects that you have taken FMLA-designated time off that it believes you were not entitled to receive. If you believe... Read more »

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1 Answer | Asked in Criminal Law, Employment Law and Workers' Compensation for California on
Q: I was assaulted at work by a co worker with a box cutter, i would like to know what my legal option are.

He is in jail awaiting trial, and im going through PTSD due to what happened and im currently not working. I have filed worker's comp, but have not heard back regarding this and its been over 1 month already.

Ronald Mahurin
Ronald Mahurin answered on May 18, 2021

In situations like yours it is best to get an attorney right away. You say you have PTSD. Really? Is that your diagnosis or a physician's. If a physician says PTSD, then you can probably qualify for TTD. If it is your opinion, it's worthless. You will need a medical report establishing... Read more »

Q: VanuatuThe appeal court said we have a complete defence, but they still allowed the plaintiff's appeal. what's mean?

We set up a banner at the city centre, but the opposite party sued us for defamation, we won this case, they appealed. Now the appeal court sent this case back to Supreme Court, grounds that the first instance judge dismissed their Summary Judgment. What can we do for now? What should us aware of?... Read more »

Tim Akpinar
Tim Akpinar answered on May 17, 2021

If this took place in the Republic of Vanuatu, you would need to seek guidance from attorney who practices there. This forum is based on U.S. law. This is not to deflect your question, but procedural rules are generally specific to a jurisdiction/region. If this did not take place on the island of... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can I sue for withholding payment and emotional trauma?

I worked as a mortician's assistant for 1 FULL SHIFT (9 am - 5pm). Helped move multiple dead bodies, and after that 1 day, decided I can't handle the stress and sight of the dead rotting bodies. And after that, they are refusing to pay me for my time, even though the director said himself... Read more »

Andrew Popp
Andrew Popp answered on May 13, 2021

Probably not for the emotional trauma. It sounds like what you experienced is within the parameters of your job. In other words, a jury would likely find that you should reasonably have known what to expect. If you worked and they have refused to pay you, then yes, you can sue for the one... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Elder Law for Pennsylvania on
Q: This is extremely complicated and Covid related. At beginning of pandemic all persons over 60 laid off for months

Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... Read more »

Timothy Belt
Timothy Belt answered on May 11, 2021

That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... Read more »

Q: is it against the law for a retail workplace not to pay a seasonal worker after an accident on the job?

Left me unable to work for about a week

Tim Rose
Tim Rose answered on May 11, 2021

The rules depend on what state you are in and the particular facts of your case, but generally, seasonal employees are covered by workers comp. If your employer refuses to help you, contact a local workers comp attorney for a consultation to see exactly where you stand.

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