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Workers' Compensation Questions & Answers
0 Answers | Asked in Workers' Compensation and Employment Law for Alabama on
Q: Can an employer file short-term disability without permission in Alabama?

I am currently receiving Workman's Compensation in Alabama after undergoing surgery, and my job cannot accommodate my restrictions. I recently discovered that my employer filed a short-term disability claim on my behalf without my permission. I am concerned as my attempts to contact them about... View More

1 Answer | Asked in Workers' Compensation for Indiana on
Q: Workers' comp disputes knee surgery relation to claim. What can I do?

I'm in the process of negotiating a settlement, but workers' compensation is disputing that my knee surgery is related to my claim. I suffered a torn meniscus in my right knee, which was confirmed by two doctors, each with identical notes. After the company's doctor only did an MRI... View More

Charles Candiano
Charles Candiano
answered on Mar 4, 2025

To begin, you are not "negotiating" a settlement. In Indiana, the treating physician would assign a permanent partial impairment rating (PPI). The value of your claim can be determined mathematically by plugging in numbers from the statute. If the claim is fully disputed, the only thing... View More

1 Answer | Asked in Car Accidents and Workers' Compensation for New York on
Q: Implications of missing required range of motion exam for hip injury in NY.

I injured my hip in a car accident a year ago and received two workers' compensation checks. A lawyer informed me that I am required to undergo a range of motion exam, and if I don't comply, workers' compensation in New York might reclaim the money I received. I'm confused about... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 10, 2025

Generally speaking, your receipt of workers' compensation benefits (and no-fault benefits) is contingent upon your appearance for a physical examination with the insurance company's doctor (oftentimes more than once). How the physician conducts the actual examination is up to the... View More

4 Answers | Asked in Workers' Compensation and Personal Injury for California on
Q: Injured at work, seeking advice on hiring a lawyer for workers' compensation.

I was injured at work six months ago and didn't receive any documentation or report from my employer. Recently, I sprained my back after being asked to lift heavy cases, despite informing my assistant manager about the difficulty. I am now on workers' compensation and modified work, but... View More

Gary Alan Jackson
Gary Alan Jackson
answered on Mar 3, 2025

yes, you should hire an experienced workers compensation attorney to help you through the complex work comp process. The claims adjuster at the insurance company assigned to your case, is your opponent, your adversary. The insurance company has a legal obligation to the employer and shareholders of... View More

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0 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: Should I quit or get terminated for better unemployment benefits in FL?

I was hired in early 2024 for a retail bank transaction monitoring role with 2 years of experience, but no experience in brokerage investigations. In mid-2024, without prior consultation, I was moved to a brokerage role with a significant workload increase, from 1 case per day to 5, which has been... View More

2 Answers | Asked in Workers' Compensation and Personal Injury for Pennsylvania on
Q: Can I sue a homeowner for injury instead of workers' comp in PA?

I was at work in Pennsylvania and went to a customer's house. While proceeding to the backyard, I slipped and fell on visible ice and broke my tibia and ankle. There were no warning signs about the icy conditions. I reported the incident to my employer and am currently in the hospital for... View More

Timothy Belt
Timothy Belt
answered on Mar 2, 2025

You can potentially sue the homeowner and claim workers' compensation. You will still want to claim workers' compensation to pay for your current medical bills and to provide income now since a personal injury claim may take several years to resolve. The workers' compensation... View More

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0 Answers | Asked in Workers' Compensation, Construction Law and Tax Law for Tennessee on
Q: Do I need workers' comp for a 1099 day laborer building a house?

I am building a house on my personal property in Tennessee and have hired a day laborer for a one-time project. I will be issuing a 1099 form to them. Do I also need to provide workers' compensation insurance for this laborer in this context?

0 Answers | Asked in Workers' Compensation for Washington DC on
Q: What does withdrawal and hearing cancellation mean in my worker's comp case?

I received a notice in the mail that my employer's insurance company has withdrawn the issues in my worker's compensation case and canceled the hearing. What does this mean for the status of my claim?

0 Answers | Asked in Criminal Law, Workers' Compensation and Civil Rights for New York on
Q: How can I legally protect myself from stalking and harassment by neighbors in NY?

I want to press charges against Jackie Lynn Jenkins and Mr. Joseph, who have been stalking me since 2014. They currently live next to my home at 169-03 89 Ave, Jamaica, Queens, NY. I have video evidence showing the harassment. I frequently call 311 and 911 because of noise disturbances they cause.... View More

1 Answer | Asked in Criminal Law, Workers' Compensation and Personal Injury for New York on
Q: How can I press stalking charges against neighbors with video evidence?

I have been dealing with a stalking issue involving Jackie Lynn Jenkins and Mr. Joseph since 2014. They currently live next to me at 169-03 89 Ave, Jamaica, Queens, NY 11432. I have video evidence showing a woman with a mysterious device, and I've involved law enforcement, including the 103rd... View More

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about the distress you’re experiencing. Stalking is a serious matter, and it’s good that you’ve involved law enforcement to address the situation. In New York, stalking involves intentionally following or engaging in a course of conduct that causes the victim to fear for... View More

0 Answers | Asked in Workers' Compensation for Louisiana on
Q: Can disability retirement offset workers' comp under Louisiana law?

I'm currently involved in a workers' compensation claim, and I'm concerned about my disability retirement being used as an offset in these proceedings under RS 23:1225. Given the exemption stated in RS 11:405 about retirement benefits, can my retirement be legally used in this way?

1 Answer | Asked in Workers' Compensation, Arbitration / Mediation Law and Legal Malpractice for Indiana on
Q: Workers' comp case delayed for over 10 years, need advice.

I have a workers' compensation case that has been ongoing for over 10 years. Neither side seems to be pushing it to completion, and I don't understand why the arbitrator hasn't pursued trial or settlement. I've reached MMI several years ago, continue to see doctors due to... View More

Charles Candiano
Charles Candiano
answered on Feb 26, 2025

You talk about "ongoing injuries" and the need for "more surgeries." Are these ongoing injuries also work injuries, even if they are unrelated to the open worker's compensation claim? Many employers prefer to settle all open claims at once. Nothing in law or medicine... View More

0 Answers | Asked in Car Accidents, Workers' Compensation and Personal Injury for New Mexico on
Q: What can I do if my work-related fall was covered by workers' comp but I never received compensation?

I was in a car accident and have a lawyer for that case. Following the accident, I began experiencing falls. While at work, I fell while mopping to prevent a client from slipping, resulting in an injury. Although my employer put me on workers' compensation, I have not received compensation... View More

0 Answers | Asked in Employment Law and Workers' Compensation for New York on
Q: Can injury exacerbation at work become workers' comp case if leave denied against medical advice?

I am a federal employee who sustained an injury outside of work. My doctor declared me unfit to work for 2 weeks, but my employer is requiring me to work against medical advice. Returning to work has prevented my injury from healing and seems to be causing more of an issue. Additionally, the... View More

1 Answer | Asked in Workers' Compensation and Personal Injury for Texas on
Q: Can my workers' compensation case be reopened after health deterioration post-exposure at work?

I was involved in an accident at ExxonMobil's Baytown, TX location in February 2010, where a control valve released Hexane D and Methyl Chloride. I suffered immediate symptoms and was initially covered by workers' compensation, but reached the compensation maximum. My health has... View More

John Michael Frick
John Michael Frick
answered on Feb 25, 2025

You are entitled to lifetime medical care for the on-the-job injury through workers' compensation.

3 Answers | Asked in Workers' Compensation and Legal Malpractice for California on
Q: Concerns about workers' comp settlement signed before MMI in California.

I signed a workers' compensation settlement before reaching Maximum Medical Improvement (MMI) on the advice of my lawyer. Now, I'm concerned about whether I'm entitled to a specific rating percentage or benefits for future medical bills. What are my rights and options in this situation?

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 24, 2025

You have only 20 days after a judge issues an order to appeal. You may appeal later based on fraud, but you have to hand back all the settlement payment . Then you have to show the judge that someone gave you falsehoods to obtain your signatures. If you knew there was a chance a report would rate... View More

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0 Answers | Asked in Criminal Law, Workers' Compensation and Civil Rights for New York on
Q: Stalking and unpaid worker's compensation case in Queens, NY.

I have been stalked since 2013 by Jackie Lynn Jenkins and Mr. Joseph, who now live next to me at 169-03 89 Ave, Jamaica, Queens, NY 11432. I have video evidence of their actions. Despite numerous calls to detectives at the 103rd precinct, I have not received the compensation I was owed from a... View More

2 Answers | Asked in Workers' Compensation for New York on
Q: Denied workers' comp claim for NYC inhalation injury, need options for representation and strengthening my case.

I am facing a denial of my workers' compensation claim related to an inhalation injury I sustained while working in NYC. I believe I have a valid case, and the judge has offered me more time to retain a lawyer. What are my options for representation, and how can I strengthen my case to receive... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2025

The judge is being nice to you. You ask about your options. You could use that opportunity to reach out to workers' comp attorneys to discuss your case. Workers' comp attorneys generally offer free initial consults without obligation. That could help you make the most well-informed... View More

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0 Answers | Asked in Workers' Compensation and Employment Law for Tennessee on
Q: Fired after workers' comp, no reason given, potential lawsuit?

I was on workers' compensation for about four months and was released to return to work with no restrictions. Upon returning, my employer verbally informed me that my employment was terminated without giving any written reason. Prior to this, I had no issues and was regarded as one of the best... View More

6 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for New York on
Q: Motorcycle accident injury and compensation inquiry

I was involved in a motorcycle accident while on my way to work. I was driving behind a car when the driver suddenly made a U-turn, causing me to crash into the car. The police arrived on the scene and filed a report, which accurately states that the car driver was at fault for the accident. I... View More

Michael Bersani
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answered on Feb 23, 2025

In New York your rights are limited by the no-fault law, section 5102 of New York’s insurance law. You get your medical bills and your lost income paid by your own car insurance up to $50,000. Anything beyond that you can claim from the at fault vehicle’s insurance, as well as claiming pain and... View More

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