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Questions Answered by Tim Rose
1 Answer | Asked in Workers' Compensation for Colorado on
Q: I think I injured my shoulder at work but I have no evidence. Is it possible to get workman's comp?

I just recently switched to the packaging department at work. Their tables are so low I have to bend to work over them. I woke up the next day with my shoulder in pain. I have no evidence to prove I hurt it at work. Is there anyway I can file for workman's comp?

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answered on Feb 21, 2023

First, tell your employer. You should go to a doctor and explain what happened. If the doctor agrees that the reason your shoulder hurts is because of the work you do, the doctor can put that in your medical report. Then you can bring that to your employer and file a claim for your injury. You... View More

3 Answers | Asked in Workers' Compensation for Texas on
Q: My sister was injured at work. Workman’s Compensation is denying surgery despite the MRI findings of a torn rotator cuf

MRI shows torn rotator cuff in three tendons. What are her next steps. She lives in Texas and cannot afford to hire an attorney. Should she have surgery done under her private insurance?

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answered on Feb 15, 2023

Sorry to hear she is having trouble. She likely CAN afford an attorney as most workers' compensation attorneys work on a commission basis - no fee until you win. I would suggest looking in the Justia directory for the area of Texas where she is and see if there is an attorney to consult with... View More

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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.

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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... View More

1 Answer | Asked in Libel & Slander, Personal Injury and Workers' Compensation for Hawaii on
Q: Why cant I find a workers comp, attorney in Hawaii? almost 3 years now

I had them up to 35k without one. They denied, delayed, blocked a legit claim. Now Im destroyed.

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answered on Sep 27, 2022

Check out Justia.com they have many attorneys in Hawaii that service workers' compensation claims. Good luck. https://www.justia.com/lawyers/workers-compensation/hawaii

2 Answers | Asked in Workers' Compensation for Florida on
Q: Need a lawyer to represent me in a workers comp case ...
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answered on Aug 29, 2022

Go to Justia.com and search for Workers' Compensation lawyers in Florida. You should be able to find a good attorney there.

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1 Answer | Asked in Workers' Compensation for Texas on
Q: My workman’s comp Dr released me to go back to work but the regular Dr didn’t. What will happen if I returned to work?

Regular dr paperwork had a return to work date. I asked if I had any appointments the office said no. I went to see the workman’s comp Dr and he released me back to work per the notes from the regular Dr. I was back to work for 3 days. Started physical therapy and needed a refill on medication.... View More

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answered on Aug 19, 2022

It is ultimately your decision whether to return to work and what is best for your health. Workers comp may decide not to pay you for the days you missed since their doctor has released you to work. You could also contact the work comp doctor and ask them to reconsider your work status based on the... View More

2 Answers | Asked in Workers' Compensation for California on
Q: My tips are taxed and show on my pay stubs. They are also on my W-2. Will they be considered for my workman’s comp.

My checks are often 0 after all of the taxes paid on my tips. I am in California

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answered on May 18, 2022

Yes. Workers comp considers all income - having it on your W2 just makes it easier to verify.

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2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Q: If i worked for company A and was injured at company B, if company A covers my workmans comp claim can i still sue B

I was not working or being paid by company A(or B) while at company B. I was injured at company B while performing an action at the behest of an employee at company B. Company A and B are affiliated.

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answered on May 11, 2022

Not likely. Company B's insurance would cover your injuries and time off from both companies. But you would most likely not be able to sue Company A.

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1 Answer | Asked in Workers' Compensation for New Jersey on
Q: Workers Comp.

I work in food service and the doctor gave me a note stating that I can be on my feet for 3 hours total a day. My employer called me and told me that they can accommodate me for 3 hours of work a day. My question is: If I go back to work will workers comp pay me the difference of my 70percent... View More

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answered on Feb 21, 2022

1. Yes 2. No. Workers comp should pay a portion of the difference in your normal wage and the 3 hours you actually are able to work (and its tax-free). Typically, you are unable to sue your employer for a work injury if there are not third parties involved. Seeking counsel from a NJ workers comp... View More

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... View More

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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 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... View More

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answered on Jan 19, 2022

Yes. Unless you file and qualify for an exemption.

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3 Answers | Asked in Workers' Compensation for Florida on
Q: I am supposed to be in a sling that is not documented per workman's comp doctors but now my manager is telling me to

Off or get a note

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answered on Dec 3, 2021

If your doctor is recommending that your arm be in a sling, it should be simple to get a note from the doctor that says so. You cannot make up restrictions for work without a doctor's recommendation.

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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

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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.

1 Answer | Asked in Workers' Compensation for New Jersey on
Q: I was injured at work January 2020 and went back to work October how long before insurance company makes an offer.
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answered on May 9, 2021

It depends greatly on what you mean by 'offer'. Did they pay you for the time off work? Did they cover your medical bills? did you suffer any permanent disability? Did you report the injury at all?

A consultation with a workers comp attorney in your area is required to assure that...
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2 Answers | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Arkansas on
Q: Got hurt at work I am a medical marijuana patient can I get fired
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answered on May 8, 2021

Your question implies that you are concerned about the marijuana use affecting your right to workers compensation benefits. First, Arkansas allows you to be terminated at will, so, yes, you can get fired. 2. You likely cannot be fired simply for legal marijuana use. 3. Your workers'... View More

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2 Answers | Asked in Products Liability and Workers' Compensation on
Q: Hello Sir, Are you supplying utility blades ( razor )?
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answered on Mar 5, 2021

I know that workers compensation can be frustrating. Please reach out to a local attorney with any specific workers compensation questions.

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1 Answer | Asked in Workers' Compensation for California on
Q: We have received payment for QME and Supp. report only by DOR, now we are requesting self-imposed P & I.

We have an order from a judge and still nothing for P&I which is over 4k (worth going after).

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answered on Feb 15, 2021

I don't see a question there, but Nancy Wallace can probably help you out in CA https://lawyers.justia.com/lawyer/nancy-j-wallace-1486668

1 Answer | Asked in Workers' Compensation for Texas on
Q: How can find out how to proceed with a worker’s compensation case in witch I habe shoulder surgery and I was lay off ?
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answered on Feb 5, 2021

You should consult with a local workers comp attorney. Most will offer a free consultation regarding your options moving forward.

1 Answer | Asked in Workers' Compensation for Oklahoma on
Q: My husband was released back to work January 14th. Can we ask workers comp about a settlement
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answered on Feb 5, 2021

Yes, but you should consult with a local workers comp attorney. Most will offer a free consultation regarding your options moving forward.

2 Answers | Asked in Workers' Compensation for Oklahoma on
Q: Can you ask workers comp about your settlement

My husband was hurt on October 7th at work

He was released January 14th mmi. We wanted to ask workers comp about a settlement but we're not sure we should

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answered on Feb 5, 2021

Yes, but you should consult with a local workers comp attorney. Most will offer a free consultation regarding your options moving forward.

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