Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Reported it 4 days later in person to my Service manager. He failed to repost it to higher up, I continued to work through my injury while he watched. So myself contacted the higher up, total of 11 days have gone by. Now Since I brought up work comp , they want to drug test me . Is it necessary to... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 8, 2024
It sounds like you are dealing with a frustrating situation. Reporting a work-related injury is your right, and it's important that your employer takes it seriously. The delay in reporting by your Service Manager could complicate things, but you've done the right thing by contacting... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024
If you've been staying in a motel for a little over three months at a rate of $90 per day, calculating the total amount spent before taxes is the first step. To find this, multiply the daily rate by the number of days you have stayed.
The tax rate applied to your motel stay can vary... View More
Hello my work comp case is closed (settled with an attorney earlier this year), but I was given permanent work restrictions. My previous employer won't hire me unless I get those removed. My work comp doctor won't see me since the case is closed and my primary doctor said he can't do... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 5, 2024
Your best bet is a new FCE. Your primary care can actually modify your work restrictions. You might try going to a different doctor.
Keep in mind that your previous employer is under no obligation to rehire you.
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
So I want to know if I can make claim at the insurance of the house
answered on Dec 1, 2022
If you were working for someone else or on someone else’s property, you may have a claim. If you were injured on the job, you should probably call a worker’s compensation lawyer. If you not working when you were injured, for instance, if you were helping a friend with their roof, you should... View More
answered on Nov 2, 2021
I suggest you contact a local attorney license in Colorado to discuss a possible case for defective equipment. By telling your story to the selected the training you will be able to establish a possibility of merits of your civil case.
I formed an LLC for Photography and it's only me, am I required to get Workers Comp or can I save that?
I fell on the job due to negligence of a third party. I informed my boss immediately. He is asking me to wait until Monday to do anything about us. My tailbone and hips are excruciating. I can’t walk very well and going from standing to sitting and vice versa hurts so bad that I don’t want to.... View More
answered on Nov 4, 2019
As a matter of practice, we always think that our clients should prioritize their medical treatment. Sometimes this means going against the wishes of a boss, or even a spouse, but at the end of the day, your health is paramount. Moreover, getting medical treatment sooner rather than later can... View More
Would it be covered under workmans comp. now or can it be denied under a previous condition.
answered on May 2, 2019
This new injury is a new worker's compensation claim against your current employer. You need to file a Worker's Claim for Compensation form (your HR person has it) ASAP and advised whomever you're supposed to tell about this new injury. The old injury/fusion may come into play... View More
Thank you Julie,
I am not working less hours. I was working as an auto technician and tore my rotator cuff. My restrictions are that I can not use that arm. I am awaiting surgery that is supposed to be scheduled. My employer is using me in a different position so that I do not have to... View More
answered on Oct 22, 2018
Given that scenario, yes, you would be entitled to two thirds of the difference between your wages just before your injury and your wages now. Again, the 3-day waiting period (as it's called) applies.
I was injured on October 1st and went to the workers comp doctor. I did not miss any work, but was put on modified duty. A claim was filed with my employers insurance and they have been paying medical. I have not received an admission of liability or denial. Should I have received this? My... View More
answered on Oct 22, 2018
They don't have to file an admission of liability or a notice of contest unless you have lost the equivalent of 3 days or three shifts from work. If you are working fewer hours as a result of your injury, for example, if the doctor's restrictions say you cannot work as many hours as you... View More
I would like to record my doctor visit, However I fear that if I tell the doctor I am recording he will change his tone and not show how he has been truly treating and talking to me. If I record the visit without notifying the doctor can I use it in court or do I have to notify the dr? My state is... View More
answered on Jul 25, 2018
Why not discuss this with your attorney. It does mean that many doctors may shy away from treating you so you'd really need to consider if there are other ways to get the same information.
I injured my arm on Jan 8 1028. After 2 months of no improvement they finally did an MRI and found that I tore my extensor tendon and pulled it away from the bone. I saw the surgeon a week ago and he STILL has not even submitted the paperwork for surgery. Meanwhile I have continued to be in... View More
answered on Mar 23, 2018
There is no rule about how long a doctor's office may take to request prior authorization. But, it definitely can take more than a week for the staff person to get the request to the insurance company. I suggest you call your doctor's office, ask to talk to the person who submits... View More
Stated it must be from a previous injury I had before current employment even though previous injury doctor has released me from treatment and this new injury is not related to the previous one. Should I call an attorney?
answered on Jan 8, 2018
Yes. If the treating doc says you're faking it or your problems are completely from an earlier injury (and not because you aggravated it on your current job), it will be difficult without an attorney to get the insurance company to either begin paying benefits or continue to do so. Find an... View More
don't want to pay my benefits. Is this legal?
answered on Jan 2, 2018
Your injury cannot be refused just because you might have had a part in causing it, but your benefits can be cut by 50% if your injury was because of you being intoxicated, refusing to use employer-provided safety equipment, or refusal to obey safety rules. But without knowing what your employer... View More
answered on Nov 10, 2017
This is how is should work:
First you need to notify your employer in writing within 4 days of the injury. You can still report after the 4 days window, but penalties may apply (note: inability to report due to physical or mental impairment delays the 4 day reporting requirement until you... View More
Was injured 8/9/17. Taken off work 9/26/17. Ins. Co admitted liability with breakdown of weekly pay and everything for TTD, but hasn't sent check. Adjuster keeps making excuses about where my checks are. It's 11/9/17 and I've gotten nothing! What can I do? I hired a lawyer, but... View More
answered on Nov 14, 2017
Talk to your attorney again. Make sure he/she knows that you have not yet received your TTD benefits. The insurance company must pay TTD benefits every 2 weeks, or they could be penalized. Also, they will owe you 8% interest on TTD benefits that are paid late.
Hello. I had an accedent in July which happened at my work place. I'm a bartender. I had a left hand laceration and needed to go to emergency immediately. After First Aid help I was transported to a hospital where I received a surgery. My doctor was absolutely defined that I should not do... View More
answered on Sep 5, 2017
Based on your information it sounds like you did not submit any medical documentation with the workers' comp claim. Photographs are helpful, but you need a medical doctor to provide a written opinion/prognosis to establish a disability of any nature (temporary, permanent, partial or total... View More
I've had a work site evaluation, Therapy, EMG (need surgergy both hands), and IME. My claim has been denied, what is my next step?
answered on Aug 29, 2017
Contact an attorney that specializes in employment injuries. Assuming the employer was properly notified by you of the injury (usually 30 days), the employer improperly delayed in filing the claim (likely because the employer did not have disability insurance). You can always sue the employer in... View More
I had surgery on my shoulder recently do to the work related injury I was let go or forced to quite plus did not get any compensation for it
answered on Aug 30, 2017
Talk to an employment lawyer about the specifics of your case. Be warned, you will have an uphill battle counter your prior statement that the injury did not occur at work. There is case law that does protect employees who are forced to not report an injury in the workplace for fear of... View More
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.
