Lawyers, Answer Questions  & Get Points Log In
Workers' Compensation Questions & Answers
1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: Is it legal in ny for a private citizen to seek a investigation compensation from plaintiff 4 irrefutable video evidence

I'm a private citizen who's surfaced indisputable online video evidence against defendants sworn testimony in an active slip & fall tort lawsuit. I have more than 600+ hours of personal time performing online research for a planned lawsuit against the same named defendant for a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 30, 2023

If I understand you correctly, you have evidence which would be of use to plaintiff's counsel in a lawsuit and want to get paid for the time you spent compiling such evidence. Although you can certainly speak with plaintiff's counsel to discuss your proposal, unless you were retained /... Read more »

1 Answer | Asked in Workers' Compensation for Missouri on
Q: Which attorney is the best for slip and fall that happen on your job
Scott Andrew Wilson
Scott Andrew Wilson
answered on Jan 26, 2023

You should look for an experienced workers compensation lawyer who represents injured workers who also handles personal injury claims as there may be potential third-party liability if someone other than your Employer was negligent in causing the dangerous condition.

1 Answer | Asked in Workers' Compensation and Legal Malpractice for California on
Q: multi injury from fall at work back and neck denied by w/c but QME adds them as industrial after settlement w/o consent

fall at work tore radial nerve out of my right bicep mussel lost all function of my right dominant hand fingers thumb wrist and my neck and back were denied by worker comp ins QME adds to industrial claim and worker comp ins adds as new and further when there from same industrial fall at work like... Read more »

John Karas
John Karas
answered on Jan 25, 2023

Your lengthy description of events really isn't an Insurance Bad Faith matter. You MAY have an malpractice case against your attorney regarding settling/dismissing some of your claims without your consent.

I suggest consulting with attorneys in your area who handle attorney...
Read more »

1 Answer | Asked in Workers' Compensation for Utah on
Q: I got injured at work work back in June 2020. I received a letter recently for a termination on my case.

Workers comp sent me to a doctor of their choose to get a independent medical evaluation. The doctors opinion was that my injuries are not work related, now workers comp sent me papers saying that my case was denied and terminated because of the doctors opinion.

Tim Rose
PREMIUM
Tim Rose PRO label
answered on Jan 22, 2023

I'm sorry you are having trouble with your claim. This is a very common way for the workers compensation insurance company to stop paying for your injury. You should consult with an attorney to see if you can dispute the denial of your claim. You may need to have your treating doctor write an... Read more »

1 Answer | Asked in Workers' Compensation for Ohio on
Q: I tore my rotator cuff at work on 05/29/2022, WC was denied, should I have representation for my third hearing?

my first hearing ruled in my favor, however the second one ruled against me on the grounds of my age and some deterioration after years of working. I had no problem with my shoulder until that day. When it first happened I thought it was a simple strain and finished my shift. I iced it as often... Read more »

Matthew Williams
Matthew Williams
answered on Jan 16, 2023

Yes, you should have a lawyer handle this.

1 Answer | Asked in Workers' Compensation for Texas on
Q: Do I still go to my dr? Why did the catscan show one thing but X-ray from company dr show different? Are they lying?

I was at work. Got hurt ambulance took me to ER. They did a catscan and said my nose was broke and return to regular duty after follow up with surgeon. My jobs safety talked to person doing paperwork and told them to put me on light duty so they changed it on the paper. The next day the hospital... Read more »

John Michael Frick
John Michael Frick
answered on Jan 16, 2023

CT scans are an advanced type of X-ray that shows blood vessels, organs, and other soft tissues well.

X-rays do a better job showing showing the skeletal structure including broken bones.

Different radiologists occasionally disagree on what the exact same test shows, and more...
Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Does my Texas company have to approve the MRI that the Medcor doctor has ordered?

I was injured at work and my company through Medcor sent me to a doctor. The Medcor doctor ordered MRI'S on my back for this coming Wednesday and a pain doctor on this coming Friday. Now my boss says that the company has to ok the tests. Is that true? First my boss would not make accomodations... Read more »

John Michael Frick
John Michael Frick
answered on Jan 15, 2023

Your employer has no say over what care your doctor provides or prescribes for you.

Your employer’s workers compensation carrier will disregard its wishes in this regard

1 Answer | Asked in Workers' Compensation for Oregon on
Q: What to do if Previous employer didnt process workers comp claim and I have to pay the medical expenses?

Back in March of 2022, I sustained and injury and was taken to the ER by my employer. The following day I filed for workers comp for the visit as well as follow ups for the injury. A few months after I received a bill from the hospital. I contacted my employers HR to get it straightened out which I... Read more »

Spencer  Aldrich
PREMIUM
Spencer Aldrich
answered on Jan 11, 2023

Sound like you were a Cal resident working for a Cal employer at the time of the injury, so jurisdiction would likely be in California's WC system (not Oregon's). You might consider posting this question in the CA forum, but really you should call a CA WC attorney.

If this were...
Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Texas on
Q: Hi Carla the EEOC office give this number my situation is hard because they don't payme my bonus and also take my insu

They take my insurance in February and they fired me March and also I thing they.broke the rules and they have alot favoritism I work for 20 uears6

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 10, 2023

It is difficult to understand your question, but if you have been discriminated against in some way you may have a claim. I would need to learn more.

1 Answer | Asked in Workers' Compensation for Massachusetts on
Q: am i still entitled to workers comp after 6 months?

i work in retail and was assaulted by a customer in july. i submitted a workers comp request and was out of work for 10 days (ER excused 7). i still have not gotten paid for those days. what do i do next

Michael Levin
PREMIUM
Michael Levin
answered on Jan 8, 2023

The short answer is yes, you can still get your benefits after 6 mos. The longer answer is that in Massachusetts, unless you are out of work for more than 21 days, then the first 5 days are unpaid. However, you could have been paid for the next 5 days after that, assuming you were out because of... Read more »

1 Answer | Asked in Civil Rights, Personal Injury and Workers' Compensation for Hawaii on
Q: Toxic work place suffered a psychological injury.Is a psychological injury a disability?
Tim Akpinar
Tim Akpinar
answered on Jan 4, 2023

A Hawaii attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to workers' comp and disability attorneys in Hawaii to try to set up free initial consults to discuss. You could search attorneys on your own, and there's a tab above,... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Work Comp Peer Review says surgery, but they won't approve pre-auth for it. What do I do?

I work for a school district and fell on campus. Over time my injury was getting worse, even though I sought treatment that day and months after. TASB had a peer review done that agreed my injury was likely caused by a fall and that surgery was recommended. After working with my dr to remedy the... Read more »

S. Michael Graham
PREMIUM
S. Michael Graham
answered on Jan 3, 2023

The adjuster on your file does not have medical training so whether the surgery is reasonable and necessary is subcontracted out to medical specialist that determine whether the requested procedure meets ODG guidelines. If the LHL-009 (Request for IRO) is not successful, then I would recommend you... Read more »

1 Answer | Asked in Legal Malpractice and Workers' Compensation for California on
Q: I had an work injury on 2020 And for negligence i don't know my accident not have a cure .

Negligence of attorney or insurance to let pass a lot time my accident don't have cure ..

William John Light
William John Light
answered on Jan 2, 2023

You may qualify for the Covid extension to the statute of limitations which granted an extension from from April 6, 2020, until October 1, 2020. Speak to an personal injury attorney whether the extension applies or whether you might have a claim for malpractice based on your attorney allowing the... Read more »

1 Answer | Asked in Workers' Compensation, Business Law and Construction Law for Texas on
Q: Construction company in Texas. Waive of Liability for Subcontractor without Worker's Comp?

I am hiring a subcontractor - They do not have workers comp. Can I have them sign a release of liability?

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

Yes, the TWCC has a specific form especially designed for this purpose.

2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... Read more »

Michael Richard Moebes
Michael Richard Moebes
answered on Jan 1, 2023

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

View More Answers

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Ohio on
Q: Am I eligible for workmans comp benefits if I suffer PTSD due to an incident that happened while I was at work?

I am a teacher for a head start program. As part of my job I am required to conduct Home visits at families residences. During one of my visits in August of 2022 there was a man shot and killed 50 ft from me. I heard the shots and once police came I went to the front door and saw the body right... Read more »

James Monast
James Monast
answered on Dec 29, 2022

Ohio does not recognize workers' compensation claims for psychological conditions alone; they must be associated with a physical injury you sustain. Other states recognize these claims but not Ohio. You would have to sustain a physical injury, even a minor one, before the psychological... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Is it normal to still not have benefits after WC doctors put me out on TTD?

I have a work related injury since 06/21/22 and now diagnosed from WC doctors with complex regional pain in my hands and in need of surgery and still no benefits and my attorneys responds to me was let’s not pock at the bear meaning at the adjuster not responding to anything I’ve also been... Read more »

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 26, 2022

your attorney is the place to get your case plan. he is paid to answer all your questions. he works for you, to serve your interests and assert your rights. you can change your attorney if your attorney is not communicating with you.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: I started working for ups only worked there October 21st to October 29 asked for final it's dec.22 now nothing still

It's been well past the 30 day cap still nothing do I get paid waiting for all those days past the 72 hours

Neil Pedersen
Neil Pedersen
answered on Dec 23, 2022

Sorry, but your employer has no legal duty to provide you with hours, and you are not entitled to money to compensate you for waiting to get more hours.

Good luck to you.

1 Answer | Asked in Workers' Compensation for Florida on
Q: If I injured something directly due to a workers comp injury is that new injury also covered under workers comp?

I broke my left ankle at the office back in June and was entitled to workers comp who has been paying for everything, of course. Since I injured my left ankle I had to rely solely on my right leg to support everything for the first 5 months. This led to me injuring my right knee a month ago. It’s... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on Dec 21, 2022

Very good question! This would, most likely, fall under the initial date of accident with the insurance company, even though it's, technically, a new accident. If this new injury happened while working, it could either be a new injury or fall under the original accident. Either way, you should... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: My present Lawyer on my Worker Comp Case keep Neglecting to write down my Diagnosis of Cervical Myelopathy on all his Re

I have a very Serious and Severe Cervical Disc Problems. My Attorney will not Never Write this Down. Three Neck Disc Herniation. Diagnosed Cervical Myelopathy. Had Failed Neck Surgery. He keep asking Me to Settle with my Company and have Future Medical. This do Not feel Right. What shall I Do?

Gary Alan Jackson
Gary Alan Jackson
answered on Dec 18, 2022

It sounds like you may be a “failed back surgery” case. This designation can mean in workers compensation your permanently totally disabled so you should be sure your attorney is working up your case properly and completely or consult with another attorney who has a lot of experience, is hands... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.