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Workers' Compensation Questions & Answers
Q: I need help be directed under an accounted or attorney supervision before I feel comfortable spending & my identity is s

Any forms of financial transactions rn are not me! My identity has been stolen by my ex boyfriend and the girl he’s cheated on me with! I was just trying to apply for my sba loan & women grants and this woman will not get out of my PayPal & I didn’t have gas to make it to the bank in... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: 1) if a workers comp case is withdrawn by an employee, are they then able to sue their employer for their injury?
Tara Gilmore-Low
PREMIUM
Tara Gilmore-Low
answered on Feb 11, 2025

Generally, no. Worker's Comp is an exclusive remedy, unless a death is involved. Meaning that if your subscriber employer is the cause of your injury, you likely cannot sue them for any type of negligence claims associated with that injury. However, if you were working for a subscriber... View More

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1 Answer | Asked in Workers' Compensation and Employment Law for Florida on
Q: Would I still receive lost wage payments after being terminated if I was cleared to return to work under light duty?

Hello, for context I am currently going through workers comp dealing with an on the job injury I experienced a while back. I was cleared to return to work on light duty, and I got called by my employer to come into work upon being cleared. After attempting to clock in for my first shift back, I was... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Feb 11, 2025

It does not appear that you were terminated for misconduct and your employer does not have work available within your restrictions, therefore, I think you should still be receiving lost wage payments from workers comp unless you have reached overall maximum medical improvement (MMI).

0 Answers | Asked in Workers' Compensation for New Jersey on
Q: There is rumors going around my job that we are closing in 11 days. Does the warn act apply to them

The company its self is huge. Our location is not we may have 50 people. I know the warn act is for corporations with 100 or more employees does that still apply to us since our location is small

0 Answers | Asked in Workers' Compensation for Colorado on
Q: How to respond to to opposing counsel when they missed their deadline for entry of appearance in a workers comp case?

I was injured at work after being harassed by my supervisor and it resulted in my needing surgery to correct the injury. I received a letter (final admission of liability) after a workers comp case that I disagreed with. I followed instruction to request a hearing with OAC in Colorado. As of... View More

0 Answers | Asked in Workers' Compensation for Kansas on
Q: Hi, I had an injury in August of 2023 at work in kansas

I had ankle surgery and was ultimately given a 10% PPD settlement of 6900. Would I be able to receive more than this with a lawyer? What is the average for this injury?

4 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: if you fall at work, and hurt your back you apply for workmen comp, but can you still get paid and suffering
S. Michael Graham
PREMIUM
S. Michael Graham
answered on Feb 6, 2025

Whether you can collect "pain and suffering " damages depends whether or not your employer purchased a policy of workers' compensation that is filed with the Division of Workers' Compensation through the Texas Department of Insurance. If you have a wc claim through the Division,... View More

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Q: Job said I quit on paper sent to the sc dew office but at the hearing admitted I didn’t can sc dew still stop benefits ?

During the week of Helene I called off my area flooded and my car was a total loss I contacted my job about not coming in & the week after asked if I can be put back on the schedule but they kept telling me nothing was available I then filed for unemployment and was told by the unemployment... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I work parttime and was injured at work. Worker's comp denied my claim. Can I still sue the company?

WC claims my injuries to my knee (torn meniscus and tricompartment chondrosis) are degenerative. They are not. I believe they denied because I had surgery scheduled on my other knee at the time of the accident.

John Michael Frick
John Michael Frick
answered on Feb 6, 2025

No, you cannot sue your employer-company if it carried workers' compensation insurance at the time of your injury. You can, of course, request a contested case hearing (CCH) on the denial of your claim and can appeal the hearing officer's determination at the CCH to the Appeals Panel.... View More

0 Answers | Asked in Employment Law, Workers' Compensation and Construction Law for Colorado on
Q: Can a subcontractor of a subcontractor waive workman's comp?

As a one-person subcontractor in the construction field set up as an LLC, I understand I'm eligible to waive workmen's comp. However, if I hire a one-person subcontractor that runs their own separate business with general liability insurance, and a subcontractor agreement ,are they... View More

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Can I collect unemployment benefits after I won my workers comp case after being denied onthe first weeks of the injury

I was injured on the job and ended up being fired for not coming back to work due to my injury, I applied for UI & was denied because I according to my employers quit without good reason...I filed a workers comp case for 2 injuries I sustained on the job a dog bite and a power tool... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Jan 30, 2025

Unemployment requires you were physically able to accept an offer of work. If you were injured and needed treatment, you may not have been able to accept work. If you were awarded Temporary Disability payments for those weeks, its a crime to now request Unemployment Benefits for those same weeks.

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0 Answers | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Virginia on
Q: What do I do if my negligent employer fires me and then tries to reverse it after I take legal action? Go back/stay gone

I’m a driver who is 7mo pregnant & notified my employer. I was also mildly injured on a rough job a week ago-so I saw a doctor & they gave me a letter of work restrictions both for my back & for pregnancy needs like bathroom breaks & schedule accommodation for sudden morning... View More

0 Answers | Asked in Medical Malpractice, Workers' Compensation, Health Care Law and Insurance Bad Faith for Texas on
Q: How can I recover unpaid wages as a caregiver due to a case manager’s error?

I am a caregiver who has been financially burdened for four months last year due to an oversight by a case manager. My paychecks was cancelled without valid reason, causing significant financial strain on both me and the patient I care for. Despite the grievance (medicaid) process ruling in our... View More

0 Answers | Asked in Workers' Compensation for New Jersey on
Q: I have a w/c knee injury and am planning to retire next year. W/C wants me to have surgery but I don't feel comfortable

using them and would like to use my own surgeon. I understand that is not possible to do. Should I request to close my w/c case and then go to my own doctor without any consequence. Can I go on partial disability at retirement? What are the positives and negatives of doing this?

1 Answer | Asked in Workers' Compensation for Arizona on
Q: My TTD AMW has been 5138 at 66.6% set by ICA of AZ. how much should my biweekly check be.
Joel Friedman
Joel Friedman
answered on Jan 28, 2025

$1,576.54, within some pennies of that. The daily rate is your average monthly wage multiplied by .021918, which produces a daily benefit amount of approximately $112.61, and your biweekly check is for 14 days. There is also a sort of bonus payment if you identified dependents on your report of... View More

0 Answers | Asked in Employment Discrimination and Workers' Compensation for Tennessee on
Q: Needing advice for a workman’s comp case headed to court regarding employer requiring a resignation to settle.

I have worked for a local hospital for over 20 years as a radiation therapist I was injured on the job. I was issued a 2% disability rating and went back to work where in the first week was unable to use my arm and returned to the physician who I was seeing for my case who added work restriction to... View More

1 Answer | Asked in Workers' Compensation for Indiana on
Q: I have recently got fired from Amazon and don't know how to sue them for me having a medical?
Charles Candiano
Charles Candiano
answered on Jan 28, 2025

Workers Compensation is a specialized area of law that concerns itself with work-related injuries. if your question concerns wrongful discharge, you may wish to repost it with more details under "Employment Law." If you have a medical condition that prevents you from executing the... View More

0 Answers | Asked in Employment Law and Workers' Compensation for Massachusetts on
Q: I got fired from applebees after 3 days because I was informed I was threatening people with knives which is not correct

I was literally explaining to my trainer my reasoning for relocation to a new state after witnessing a murder i was then called the next day and told I will not be able to work for applebees because I make people feel uncomfortable i still have that recording

2 Answers | Asked in Employment Law and Workers' Compensation for Washington on
Q: If a county's minimum wage goes up. Do companies have to raise their minimum wage? Or does state minimum wage apply?
Merry A Kogut
Merry A Kogut
answered on Jan 25, 2025

Thank you for the interesting question.

In Washington State, businesses have to pay whichever minimum wage is higher—whether that’s set by the state or by a city or county. So, if a county raises its minimum wage above the state level, companies in that area are required to follow the...
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