Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I am in Severe Arm , Shoulder, Neck Radiating Down to Hands, Fingers. Headache. Was forced to Relocate back to Columbia, SC. After Forced Retirement and Failed Neck Surgery. Which Caused a New Injury to My Neck, Whereas I Can NEVER LYE Down on My Left Side Again. Unless My Right Arm, Hands and... View More 
answered on Jun 27, 2022
It depends. iS this case open such that this employer is paying for your treatment still? Have you selected a specialist or hospital from the Medical Provider Network, an MPN Doctor or Urgent Care or Hospital?? Then you should go to the MPN Hospital or Urgent Care. If you use your Medicare... View More
answered on Jun 23, 2022
you did not ask a question but i can infer that you feel your attorney does not agree you are PTD (permanently totally disabled). you dont tell us any details so i can offer much here. PTD due to work injury or combination of work injury and non work injury issues to support an SIBTF case for 100%... View More
I was speaking to HR they advised the WC dept who in turn emailed me and copied my boss but I did not file the claim yet nor had I even spoken to them about it so now this person advised my boss about my mental health issues that I was privately discussing with HR
answered on Jun 21, 2022
Conversations with HR can (and should) eventually include your supervisor. If you are having mental health challenges and you alerted Human Resources, HR is required by the corporation to alert supervisors (and likely Risk Management). Human Resources staffers are NOT Priests or Doctors or... View More
2 yrs ago in May 2020 .I settled my work comp case with a compromise and release. I was a a housekeeper at a care center on light duty do to an injury. Now 2 yrs later I've tried going back to work but not able to hold a job due to severe pain in my Right shoulder where I had surgery. Since... View More
answered on Jun 16, 2022
Within 5 years of the date of injury the court has more authority than after due to LC 5410. However, if you reopen your claim, are you prepared to pay back defendants the money they paid in good faith to settle the case? If not, then the answer is no.
Surgeon had me transitioning back into my reg 12 hour shift starting at 6 hours which was to end after 2 weeks and my last day before I was restriction free I was struck from behind by a forklift with a full rack(load) I landed on my just repaired knee and elbow it was so scary and besides feeling... View More
answered on Jun 15, 2022
Yes this should be considered a new injury. You should file a DWC-1. What is important here is that a new injury will reset the 104 week cap on TTD benefits if you can establish some additional injury from the incident. Yes, the TTD for this new claim should have a higher TTD rate than the 2020... View More
THEIR ARE JOINDERS ADDED TO A 2 YEAR OLD JOINDER CASE. I ASKED MY ATTORNEY IF HE COULD ASK FOR A INCREASE IN MY BENEFITS FROM THE DEFENSE ADJUSTER. SENSE THOSE EMPLOYERS HAVE BEEN ADDED? HE DID SOME CALCULATIONS OF HIS OWN AND STATED HE FELT I WAS BEING OVER PAID? FOR 2 YEARS I SAID PLEASE CONTACT... View More
answered on Jun 14, 2022
An attorney can request the Workers Compensation Judge remove her from the case for any reasonable reason. If your attorney is convinced there is an irreparable breakdown in communication, he can request to be removed as counsel. BUT he cannot just 'stop working' if he remains on as... View More
My weekly rate I’ve been paid is not my correct average due to pandemic is there any way to appeal this
answered on Jun 13, 2022
Yes, you can litigate the earnings issue before the Workers' Compensation Appeals Board.
Usually the insurance company will take your earning for the last 12 months and divide by 52 weeks to come up with your average. This method does not give your true "earnings capacity"... View More
May I continue to provide teletherapy treatment ( no more than 12 sessions per year)?
Seth Hirsch,PhD ( hirschphd@aol.com). Thank you.
answered on Jun 12, 2022
Yes, but the real question is whether or not you get paid by the WC carrier.
A CEO of a BVI company made many false promises to me including wages, time of agreed contract, and workload. I did far more work than job description and agreement and was paid less than agreement. I also pitched their project which I created the entire pitch, to earn them additional income.... View More
answered on Jun 10, 2022
You may have a claim for breach of contract against this British Virgin Island company. It would probably have to be brought in federal court, and before any such lawsuit could commence, an attorney would have to review your contract to determine if there is an enforceable choice of law and venue... View More
Workers Comp Adjusters attend physician/doctor appointments and direct medical care. Those directions and restrictions on medical care are serious enough to cause death.
E.g. not authorizing evaluation and treatment for a serious skull and brain injury that is known to cause death if left... View More
answered on Jun 7, 2022
GET AN ATTORNEY! you cant fight back when you don't know the rules of engagement.
In March 2022, I contacted my lawyer who rep my case and the insurance company to get medical help with my injured back from 2003 and 2005. My rep has been inconsistence in returning my calls and/or not returning my request for medical advice. The one response I received from my lawyer was... View More
answered on Jun 7, 2022
what I do in these older cases when I have medical treatment issues is as follows.
1) Document all doctor visits. If there is no treatment for some time request an appointment with the doctor in writing. Document the response. If the doctor is no longer in practice, go back to the MPN and... View More
Wow that's alot of stuff I know nothing about. I'd rather just get an attorney and let them handle it I don't think I have to do anything because I got hurt at work they should be sending me work on paperwork to fill out not three packets of disability excetera. So how am I supposed... View More
answered on Jun 6, 2022
I think I answered you earlier, but we will try again. You get paid when a doctor on the Medical Provider Network for that insurance company examines you and writes that you are Temporarily Totally Disabled OR that you are Partially Disabled but your employer cannot provide modified duty. If you... View More
On April 9th I got injured at work my work to give me disability paperwork for my doctor to fill outmy dotor. Filed it out Send it back to them then they say oh no this is. A workers comp case stop seeing your doctor stop Physical Therapy stop orthopedic surgeon u have to see pour doctor called my... View More
answered on Jun 6, 2022
Time to put everything in writing. You have to elect a physician from the employer's Workers Comp Insurance carrier, from it's Medical Provider Network. Then you have to prepare an Application for Adjudication so as to get a state WCAB Case Number and request an Expedited Hearing for... View More
Stressed and suffered several panic attacks. I endured working short staffed on several occasions notifying my agency along with the facility scheduler and DON of my discomfort in working in a dangerous assignment all fell on deaths ear. My last day of work I became so stressed I has a horrible... View More
answered on May 30, 2022
It is not unlawful to put you under serious strain and workplace stress. If that stress results in disabling conditions, you may well have a workers compensation claim.
That said if you have a medical condition that places restrictions on your ability to do your job, you need to get a... View More
Can my employer separate me from employment, cut my health benefits off without notice, use my accrued hours to pay for deductions such as medical benefits and other things for over 7mo without notifying me? While on workers comp benefits and it’s been over 12 mo (exhausted 4850 benefits) I am... View More
answered on May 27, 2022
Your worker's compensation lawyer should have been protecting your rights and interests all along. If you don't have one, I suggest you get one immediately.
answered on May 19, 2022
YES you can file what we call a Workers Compensation Death Claim. It needs to be within one year of his passing. The insurer will most likely deny responsibility. Then all of the medical records are copied and given to a qualified medical evaluator. The Qualified Medical Evaluator may... View More
My checks are often 0 after all of the taxes paid on my tips. I am in California
answered on May 18, 2022
YIKES! If your checks are 0 you've got to revisit you withholding numbers with payroll!!! The California Labor Code just state "Average Weekly Earnings AT THE TIME OF INJURY" and the judges do that BEFORE DEDUCTIONS. So you add up Wages AND Tips before taxes/deductions. Many... View More
I'm in California and need help I've been having problems with my lawyer as well as the defense lawyer this my 2nd lawyer been with him for a year now and he don't have my file or any info he don't seem to know what's going on he going off what the deface lawyer i was... View More
answered on May 4, 2022
The defense lawyer is permitted to write any one, any where. If defense wishes to put the treating physician 'on notice' about the insurance paying the treatment bill, she is entitled to do so. Your attorney's approval or disapproval is not necessary. The solution is to elect a... View More
I was on probation for 5 months. Got injured on the job and was out for 4 months. Came back to work for 10 days, and was fired for "no reason". I still have the workers comp claim and am no longer being paid. I never called out or had a bad thing said about me until I came back to work... View More
answered on Apr 26, 2022
It is possible that the employer's conduct may have been unlawful here; however, more information needs to be known in order to fully understand your case. I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment... View More
I told the adjusters something in confidence and the other store managers going around telling other employees that I faked getting injured at work even though I had a witness and I had a previous injury in a different state years ago where a customer ran me over in the parking lot and she's... View More
answered on Apr 25, 2022
Tell your workers compensation attorney about this. If you do not have a workers compensation attorney, you need to get one right away. Do not let the company and its workers compensation attorney cheat you out of what you deserve, and don't let this kind of retaliation go on without an... View More
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