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answered on Oct 12, 2024
It depends whether you were working in the year following the injury. If you were unable to work after your DOI, then your rate of pay is based on your wages from before you were injured. However, if you worked after your DOI (presumably up until your surgery), then your rate of pay is based on... View More 
I work at a hospital. After making a bed, I turned, rolled my ankle resulting in the fracture and sprain. Workers Comp has paid for my ER visit and first Ortho MD visit but doesn’t want to pay for any further care. Do I have a case for appeal?
answered on Jun 9, 2024
Yes, of course! If you suffered an injury at work, then WC has to take care of you in terms of lost wages and medical care until you are able to return to work. Use Justia's "Find a lawyer" tab to find someone near you.
I am a hourly employee in NH. My company drives us to Boston, Philadelphia, Indianapolis for conventions. We drive to further away conventions, not fly, because the CEO has an exempt salary worker do all of the driving- in other words, he's not paying out any additional hours during travel,... View More
answered on Apr 13, 2024
First, to be clear, this belongs under the heading of Employment Law, not Workers' Compensation. The latter, Workers' Compensation, only refers to workplace injuries. I am a workers' comp. attorney and will have to defer to the attorneys who handle employment law to give you an... View More
We have a tele-health provider who does initial triage for employees who sustain an injury. They are based in Texas and the main doctor for this firm is licensed in Indiana but only has a physical location in Texas. Can they provider care for employees injured in Indiana and write prescriptions for... View More
answered on Apr 5, 2024
I agree with Atty. Young. It depends on what Indiana's workers' comp system allows. Generally speaking, even here in Massachusetts, I think it would be allowed, but here in MA you also have the right to see whoever you want. However, some states do dictate who you can seek treatment... View More
What role does the independent doctor have as far as determining liability?
Thank you
answered on May 23, 2023
Medical records are EVERYTHING in a workers' comp case! They provide nearly all the confirmation that an event occurred that caused an injury, the proposed course of treatment, and the expected outcome of that treatment. With that information, both the Dept. of Industrial Accidents (the... View More
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
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... View More
At work this young girl decided to start screaming & yelling at me & humiliating he infront of guests & co workers even saying I shouldn't even be allowed to be a server cuz of my nasty missing teeth i never yelled at her i stayed calm the whole time even know i was humiliated but... View More
answered on Jul 18, 2023
You have an excellent question and one that could certainly be open to a case for wrongful termination, but you will need to speak with someone who handles employment law. (Worker's Compensation only deals with workplace injuries.) Use Justia's "Find a Lawyer" tab and search... View More
My attorney never obtained my medical records and failed to present them to the DIA.
I had one provider fax mental health records, faxed and confirmed. He failed to submit these as well.
All of my providers have written sworn affidavits and letters confirming my allegation.... View More
answered on May 23, 2023
I'm sorry, but I can't answer your question. Generally speaking, all medical records should come forward. I have no idea why your existing attorney didn't get your records for you. Two possibilities come to mind, but they are just off the cuff guesses. One is that the insurance... View More
Witness for injured person
answered on Apr 12, 2022
Great question. No, the IME doctor is there to do an exam and send their report to the workers
comp. insurance. That's it. You have the right to have a witness with you. The doctor has no right to see what the witness writes down. Whether those notes would be admissible in... View More
answered on Mar 28, 2022
The answer is: sort of. Workers' comp insurance is rated first and foremost on a percentage of the wages paid to the employer's workers. Assuming there are no work incidents, that's all they really have to work with. However, once an incident occurs, the insurance company will... View More
I suffered a work injury in 2019. I've just now been assigned a Nurse Case Manager two years later.
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... View More
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... View More
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... View More
answered on Jul 27, 2021
This is a little difficult to answer without a little more context. Generally speaking, 34A benefits could not be stopped without permission to do so from the Dept. of Industrial Accidents. However, there are a few circumstances where they may be permitted to stop. For example, if you settled... View More
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