Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Fell on shoulder at work. Filed paperwork about injury but did not feel need for medical aid at the time. Have pain off and on for seven months. Want to see doctor and am told I waited too long and workmans comp will not pay the bill. Is this right?
answered on Jun 14, 2019
The insurance company's perspective is that since you went without treatment for seven months you must not have suffered an injury needing treatment. In their eyes, the fact you need treatment for the first time seven months later indicates you suffered a re-injury that they are not... View More
We got a letter from the employer saying we needed to pay back $27k in two weeks. When we got his w-2's and mine , this pay was not reflected at all. We don't know what our right's are in this case. We don't pay much attention to our bank statements and just paid bills as usual... View More
answered on Apr 28, 2019
Whether you look at your bank statements or not is irrelevant. If your employer actually paid your husband $27,000 more than he was entitled, he will either have to give it back or will probably be sued by the employer.
I am looking to get clarification regarding the following paragraph:
---"Contingency Agreement. This is a contingency agreement. The attorney's fee shall be: a. 33 and 1/3 percent before Trial; b. 40 percent if the case proceed to a Trial."---
Based on this, when... View More
answered on Jan 26, 2019
Your attorney would be in the best position to clarify this issue based upon the exact terms of your retainer agreement. The specific time or trigger you ask about is a valid concern and you should pose it to your attorney, so that both of you are clear as to the threshold at which the attorney fee... View More
now she knows how do I handle it go to the court and tell them
answered on Jan 8, 2019
Were you required to report it?
Double check your court orders.
If you were and you short changed her, you could have to repay with interest and possibly face contempt of court charges.
Can workmen's comp deny surgery?
answered on Dec 21, 2018
Absolutely! The doctor MUST explain how the need for surgery is related to the original injury.
For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide you through the process AND when it is... View More
answered on Dec 4, 2018
It depends. Temporary total disability (TTD) will be paid directly to you by the insurance company unless your employer is self-insured, in which case the employer may pay you directly. Medical benefits are typically paid directly to the medical provider. Permanent partial disability (PPD) and... View More
Doctors X-rays said inflammation arthritis 2 days off work then 6 days back to work landed me in ER cat scan showed 2 bulging discs. Boss has told me take as much time as needed and he can always find something for me to do at work. I have given my personal insurance for doctors and Er visits, not... View More
answered on Nov 12, 2018
This is why you need an experienced Workers' Compensation attorney. You are entitled to be paid for every day you cannot work due to your injury or you earn less money because of restrictions. Back injuries are among the most debilitating. No matter what your boss says, if you need surgery... View More
employer?
answered on Nov 5, 2018
Workers' Compensation questions are before the Workers' Compensation Commission. YES, if you were overpaid, you can owe money. If this is the case, it is usually learned early-on. In that case, it can be deducted from the permanency. Discuss your claim with an experienced attorney in... View More
momentum forced arm up very hard, my office told me to call Workman Comp and go to the er, been to the dr twice already, no use of the arm, I have not been able to get medication for pain, different story every attempt, I was told that my case hasn't been accepted yet, how can this be right... View More
answered on Oct 22, 2018
A workers' compensation insurer is allowed a limited time to review a case and determine whether to accept liability. If the facts are as clear as you say they are Iencourage you to contact a workers' compensation attorney ASAP.
answered on Sep 26, 2018
Yes. The only exception is for owners. They are allowed to opt out. I choose to cover myself along with employees.
Currently residing in Okawville Illinois since accident and continuing medical care since 2016
answered on Sep 11, 2018
Let me suggest you contact the Guam Bar Association. Website: https://guambar.org/
According to their website, they can make a referral for you. Their website says that they have 5 attorneys who specialize in Workers Compensation cases.
Work as a lpn .. old worn chair, company threw out after my fall, keep asking me to return to work
answered on Sep 9, 2018
It looks like you already identified the workers’ comp element in this matter. I don’t practice in Illinois, but if you were injured and are exploring your rights outside of workers’ comp, consult with an Illinois personal injury/product liability attorney regarding third-party cause(s) of... View More
answered on Sep 2, 2018
Generally, a person gets 2/3 of their average weekly wage earned in the 52 weeks before the week in which the injury occurred while they are recovering from their injury, and 60% of their average weekly wage for each week of compensation they are entitled to for the permanent consequences of the... View More
plus my husband needs surgery to his groin, because of getting hurt at work.
answered on Aug 16, 2018
If your husband is paid hourly, add the hours he worked in the 52 weeks before he was hurt and divide by the number of weeks he actually worked. That number is multiplied x his hourly rate to get his average weekly wage (AWW). His weekly benefit (TTD) is the AWW x .6667.
Hernia injuries... View More
Right knee injury torn meniscus but there is intense swelling and pain but the disease is lyme disease
answered on Aug 14, 2018
The impact of a disease on a workers' compensation injury can be complicated. Make sure the attorney handling your comp case is fully aware of the situation so he can handle it properly. If you don't have an attorney, you need to get one as quickly as possible.
his boss and not him, right? Does that count as notifying them?
answered on Aug 13, 2018
Yes, it does. It is even better if you notify them via email or some other way that lets you prove later that you told them about the injury. They need to know (a)he's injured, (b)the general nature of his injury, (c)when it happened and (d)how his injury is connected to his work.
Can they do that and is it too late for me to switch lawyers
answered on Jul 17, 2018
What you're probably running into is the normal confusion surrounding the sale of a business. It should make no overall difference to your case. If your employer had workers' compensation insurance in effect on the date of your accident, that insurance company continues to be responsible... View More
When should I expect a counter from them? I saw some documentation that I shouldn't have seen and informed workers comp adjusters to this. Which reflected her offer was $7000.00 less than what it should have been based on the information I shouldn't have seen. Will she counter the offer... View More
answered on Jul 10, 2018
You may never receive a counter, as you will never be taken seriously unless you are represented by an attorney. This is a common tactic used by adjusters I see all the time when dealing with unrepresented parties. Do yourself a favor, and hire an attorney immediately. Do not make another... View More
I countered because I know what the offer should have been at a min due to info I shouldn't have seen between HR and the workers comp rep. Why such the delay in the counter when I informed them I know what the offer should have been as I saw that info.
answered on Jul 9, 2018
You are being taken advantage of because you are not represented by an attorney. This is commonplace for unrepresented parties. As such, I recommend organizing all information relevant to this matter, and consulting with a worker's compensation attorney immediately. Many of us offer free... 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.