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Workers' Compensation Questions & Answers
3 Answers | Asked in Bankruptcy and Workers' Compensation for New York on
Q: If your in a chapter 13 bankruptcy since 2018 and got injured in 2020 and now getting settlement is this exempt
Leonard R. Boyer
Leonard R. Boyer answered on Jan 21, 2022

This question should be directed to your bankruptcy attorney.

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1 Answer | Asked in Health Care Law and Workers' Compensation for Missouri on
Q: Medicare Stipulation concerns

My husband is getting ready to sign on a work comp settlement. The amount has already been agreed upon. He has signed all the documents, but there is one that concerns us which is the Medicare Stipulation.

According to this document, if he should seek out future medical treatment that... Read more »

Tim Rose
Tim Rose answered on Jan 19, 2022

This link should give you some further information on Medicare with regard to settlements. You should consult with an attorney for any specific questions. https://www.cms.gov/Medicare/Coordination-of-Benefits-and-Recovery/Workers-Compensation-Medicare-Set-Aside-Arrangements/WCMSA-Overview

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Q: I recieved a "workers compensation appeals board stipulations with request for award" recently.

How do I know if the award amount is just? I had a lumbar lower back injury that required surgery.

Gary Alan Jackson
Gary Alan Jackson answered on Jan 19, 2022

you hire an attorney to help you throught the process and especially to set you up with a fair and unbiaed doctor who eventualy writes a final report upon which is based a fair and accurate stipulation. if you signed a stipulation with no attorney to advise you, then you get what you got and do... Read more »

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2 Answers | Asked in Workers' Compensation for Florida on
Q: I am trying to start off as an electrical contractor in Florida. Do i need Worker's Comp if it is just me?

I am unclear through talking to the state and reading. I am the owner, but i am going to do work. It sounds like the WC exemption is for officers only (people who stay in an office, not in the field) Everyone in the field tells me i dont need it, but the law seems to say that i do. The reply from... Read more »

Tim Rose
Tim Rose answered on Jan 19, 2022

Yes. Unless you file and qualify for an exemption.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: I am a healthcare worker in Illinois/tested Covid+. 2 other coworkers also +. Is this a work comp claim?

I am a healthcare worker in Illinois and tested Covid +. 2 other coworkers also tested positive (one had a Covid + child at home). I had no previous close contacts. I was off work 5 days (Friday-Tuesday ). My boss says I have to use PTO for the Friday, Monday, Tuesday I was off. Could this be... Read more »

Richard K. Johnson
Richard K. Johnson answered on Jan 18, 2022

Yes, you may very well have a Workers' Compensation claim. Unfortunately, there is no weekly payment for temporary total disability for the first three working days until you are disabled 14 calendar days. If you have lingering symptoms or "covid long haul" then you may have a... Read more »

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3 Answers | Asked in Workers' Compensation and Health Care Law for Illinois on
Q: Question about a family member who is hospitalized

My brother is hospitalized after having a stroke, he not able to communicate well but for hospital aid and benefits we need to access thinks like bank statements and pay stubs. They haven’t been given to us at the bank or his job. Is there some legal paper we can get to be able to access that on... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jan 17, 2022

If he hasn't appointed anyone to hold his power of attorney for health care, you'll need to make an appointment with a lawyer to file papers in court to create a guardianship for a disabled adult. From what you describe, this should be done as quickly as possible.

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: Workers comp claim terminated, want to quit my job... however...

I received my workers comp letter and any benefits were terminated. I feel this was wrongfully done and I am bringing it up with a lawyer currently. However, I want to quit my job and go elsewhere while all of this is going on. Can I quit my job and work elsewhere without facing any consequences... Read more »

Joel Friedman
Joel Friedman answered on Jan 16, 2022

This is a question you really should be asking the lawyer you apparently already have on your WC case. It's a common issue and any serious WC attorney will be able to advise you, especially knowing more about your current injury-related medical condition and why you disagree with your benefits... Read more »

1 Answer | Asked in Contracts, Workers' Compensation and Construction Law for Texas on
Q: If I work on the house I'm living in can I charge my landlord for the labour I put in

My landlord basically said If I hire someone to work on my house then he will not pay for the labor but he didn't say if I worked on the house that I couldn't charge him for labor

S. Michael Graham
S. Michael Graham answered on Jan 13, 2022

No. You would need a contract. Otherwise it would be deemed a gift. Contracts involving real estate need to be in writing. This would be a contract for services so I not too sure. Always better to have something in writing. Good Luck.

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?

They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.

Rhiannon Herbert
Rhiannon Herbert answered on Jan 12, 2022

Wage and hour laws only require your employer to pay you for time that you are working. Since employers are not required to offer pay for non-work hours, the above policy, while unfair, is permissible.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Good morning A dog attack me will I’m working and I broke my elbow I left the work for tow months

I hired a lawyer For personal injury

The insurance cover for dog only 50000$ only

The insurance accept to pay 50000 to me

And after deductible I will get around 27000$

So I say no I refuse the offer my lawyer I can’t get more money because the insurance for dog... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Jan 7, 2022

I'm not sure what you mean by deductible, but, I'm assuming it's for attorney's fees, costs, and, maybe, anything that is owed for your medical care. If that's the case, if $50,000 is the limit, then those things would be deducted from that limit, so you wouldn't be... Read more »

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1 Answer | Asked in Workers' Compensation and Legal Malpractice for New Jersey on
Q: I have a workers'comp case. I do not believe my lawyer has represented me adequately. There were plenty inconsistencies.

I have a workers'comp case. I do not believe my lawyer represented me adequately. There were plenty of inconsistencies that weren't addressed.

I was asked,by my lawyer,to settle my case even though my injuries weren't completely final.

The case has been ongoing since... Read more »

Gerald D. Siegel
Gerald D. Siegel answered on Jan 6, 2022

There is no right to a jury trial in workers compensation.

The same judge that would make a recommendation for a settlement is the same judge that would try your case and make a decision.

You are best off paying another WC attorney for a 2nd opinion.

1 Answer | Asked in Workers' Compensation for New Hampshire on
Q: Do I legally have to work with the Nurse Case Manager assigned to my Worker's Compensation case in New Hampshire?

I suffered a work injury in 2019. I've just now been assigned a Nurse Case Manager two years later.

Michael Levin
Michael Levin answered on Jan 4, 2022

In short, no, you don't have to work with an NCM. You can politely tell them thank you, but no thank you. If you're going to go that route, you should also make sure your doctors are aware that you don't want them communicating with the NCM either.

That said, NCM's...
Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Louisiana on
Q: I injured myself at work lifting a lot of weight. I pulled a muscle in my neck and it's pinching a nerve

It's causing my arm to feel numb 24/7. I was intemidated by the boss to act like it didn't happen at work. I was fired because I didn't get a piece of paper signed by my doctor which I couldn't because the lockdown was in effect

Randy Bryan Ligh
Randy Bryan Ligh answered on Dec 31, 2021

But what is your question? If you are wondering as to your legal rights, then in what capacity? Wrongful termination--then search for a labor/employment lawyer in your area to discuss. Worker's compensation claim---then search for a worker's compensation lawyer in your area to... Read more »

1 Answer | Asked in Employment Law, Real Estate Law, Workers' Compensation and Legal Malpractice for California on
Q: "The Law is on your side, but (EVERYONE knows) THIS Judge is BIASED,so you WILL LOSE. It's NOT right, but [accept it!]"

So says my lawyer.She says this is the experience she&every lawyer has w/this Cal. Unlawful Detainer Judge.Even though the law is on my side, THIS Judge will IGNORE the Law.THIS Judge will not care that: there is no valid Notice to base Complaint on(the landlord specifically waived the60day... Read more »

Neil Pedersen
Neil Pedersen answered on Dec 29, 2021

Before you abandon all hope, get a second opinion. There are biased judges out there that make the system unfair. Whether the present attorney's assessment of the system is accurate or not cannot be known by anyone here. Only by getting more opinions can you know if your present attorney is... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Q: Reciving part work comp.then Hospitalized 4 covid,now on short term disability.Does workers comp owe me up to weekly avg

On partial workers comp. I am working 40 to 45hrs

My normal is 55+ therefore I receive a partial workers comp check every week. 2/3 of amount below my average weekly rate.

I contracted covid and was hospitalized for 2 weeks and am now on short term disability (paid for by my... Read more »

Timothy Belt
Timothy Belt answered on Dec 23, 2021

Since you are out for a reason other than the work injury, you would not be entitled to payment of the full rate. However, assuming your restrictions and the availability of work has not changed, you should be entitled to continuation of the partial wage loss benefit that you were receiving.

2 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Workers' Compensation for Massachusetts on
Q: Former UPS Driver wrongful termination?

Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... Read more »

Michael Levin
Michael Levin answered on Dec 22, 2021

Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... Read more »

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3 Answers | Asked in Workers' Compensation for Florida on
Q: Are you able to explain the following Florida Statutes? 443.041 and 443.1715.

Sorry, I was in a rush and didn't realize I didn't add the subsections. I received a copy of a recording of my unemployment appeal hearing and it came with F.S. 443.041(3) (Privileged Communications) and 443.1715(1) (Records and Reports). I was specifically concerned with the phrase in... Read more »

Domenic J. Celeste
Domenic J. Celeste answered on Dec 20, 2021

To what is this in reference? It's difficult to attempt to answer a question without some context. Also, FS 440 is the workers' compensation statute, so this question may be under the wrong practice type.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: Hi there so broke my hand at work 4 to 5 weeks ago . in that time I have seen doctor every week. 1 week into break I wa

I was released to go back to work. Just don't use hand..as of today my hand is not in a cast and it should have been weeks ago. My hand hurts and will heel wrong . so future looks bad for hand. They did give me a wrist brace with wrap. This all sounds not right. This is a workmans comp.... Read more »

Joel Friedman
Joel Friedman answered on Dec 17, 2021

Good morning. It's not clear from your message how you believe your hand was broken and should be in a cast (like an x-ray or something else), and why you think you cannot do your regular work, since you apparently have been to a doctor who would make those decisions. It will make a difference... Read more »

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1 Answer | Asked in Gov & Administrative Law and Workers' Compensation for California on
Q: I had to fire my workmens comp attorney a few days ago am now without one hearing tomorrow do u know what I should do

Mal practice forced me to let him go so close to my settlement hearing case has been open over 5 years had 2 MRI 2 nerve scans done never got any results back never was giving a primary doc that would except me without the results to my tests I collected workmens comp 2 years with basically no... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Dec 14, 2021

you should let the judge know that you would like some time to find a new lawyer. a judge will nealry always give you time to find a new attorney as they dont want you to represent your self, unless you have done this several times already. it sounds like maybe you just endured a non responsive... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Antitrust and Environmental for Missouri on
Q: Work comp

If im working at a none livable hoirly wage and get an inspection that Takes my lifes work away because they understamated me what do i do

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 13, 2021

I suggest you revise your post because it is hard too follow and too vague to answer. I assume you meant you received an "injury" rather than an "inspection." If you were injured at work, contact a workers' compensation attorney to evaluate the situation.

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