Douglas Lee Bryan's answer Generally, someone is not entitled to worker's compensation benefits if injured traveling to or from work. While there are some exceptions to the rule, your scenario does not appear to apply to any of them.
Jerry Lutkenhaus' answer It is possible. If surgery is the only reasonable option, then the Workers Compensation Commission may order you to have the surgery. However, if there are other more conservative options, then you may not have to do this. You can contact me or another experienced Virginia Workers Compensation lawyer for further legal advice about your situation.
Douglas Lee Bryan's answer Worker's comp settlements have to be approved by the worker's compensation judge. Settlement funds have to be paid within 30 days of approval of the settlement. However, indemnity benefits usually are payable until the settlement is approved.
Douglas Lee Bryan's answer Every Office of Worker's Comp in Louisiana has a mediator on staff whose services are available free of charge. You can certainly ask your attorney to propose mediation with the employer or its w/c carrier. Keep in mind that an employer does not have to settle a worker's compensation case, and a claimant doesn't have a right to a settlement.
Douglas Lee Bryan's answer You would have to have proof of the extra payments to show worker's compensation. Of course, there's the possibility of your incriminating yourself, if you weren't paying taxes on the extra money you were receiving.
Peter N. Munsing's answer Contact an attorney who handles workers compensation. Its possible this could also be what is called an occupational disease claim. You may have short term disability at work and want to check that out.
David Alan Wolf's answer You have a worker's compensation to pursue. Typically, fault does not matter on worker's compensation cases. Louisiana has some fairly strict procedures and timing requirements. Do not wait any longer to consult with a local attorney. Hopefully, the employer carried the required worker's compensation coverage. Good luck.
S. Michael Graham's answer I'm not a Louisiana licensed lawyer, so you will need to consult with a lawyer licensed by the Louisiana bar to see if they would have concurrent jurisdiction over your claim. If you were hired or recruited in Texas then Texas will have jurisdiction. You can file your claim in Texas, and you can stay in Louisiana for your medical treatment. It is difficult, but not impossible, to find a Louisiana doctor willing to treat you under Texas workers' compensation rules. Let me know if I can help.
Christie Tournet's answer The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...
Peter N. Munsing's answer Depends on your state's law regarding "bad faith" . Contact a member of the Louisiana Assn for Justice who handles insurance bad faith. In the meantime be sure they put the reason for their denial in writing.
Timothy J. Deffet's answer Each state has their own law. You should contact a California attorney. In some states it is a good idea to file a new case on the aggravation and then consolidate the current case if one is filed. I only practice in Illinois. You should contact a LA attorney immediately because statute of limitations may be at issue.
Jerry Lutkenhaus' answer If you are on WC benefits, then obtaining a light duty job would reduce these benefits. You should check with a lawyer in your state to see if this would be the case in your state. I have practiced WC law in Virginia for 35 years.
This is meant to be general information and not legal advice.
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