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has problems ever since, finally seeing a orth. doc for pain. Can he go back on the company for compensation after this long?
answered on Apr 14, 2016
It is best to report the injury as soon as possible, but so long as it is reported within 120 days that is sufficient to establish proper notice. Notice is not necessarily filling out an accident report. If you can establish a manager or other supervisor were actually aware of the injury within... View More 
I strained my tendons and am off ( Workmans Comp ) 6 weeks for therapy. The HR rep said thats too long and was going to call the Ortho Surgeon to pressure him to release me sooner. Before I rip this person apart with my union rep by my side, I would like a little legal advise.
answered on Apr 11, 2016
That is a more complicated question than you might think. Assuming you are within the first 90 days and treating with the panel providers, the HR rep frequently has an ongoing conversation with such doctor allegedly to make sure you receive appropriate care and that the doctor is aware of your... View More
answered on Mar 28, 2016
It is possible. If your company has a policy that provides for random drug testing you can be required to submit a sample at any time or risk termination.
After settling the wage portion we had a hearing to keep the medical open. They had an IME opinion stating the meds were reasonable and necessary. All has been good as far as them paying for meds and Dr. appointments up until now. They now have set up another IME to get the meds changed or... View More
answered on Mar 4, 2016
The carrier always has the right to challenge whether your ongoing treatment is reasonable, necessary and causally related to your work injury. What you are talking about sounds more like a UR than an IME. With a UR, they can stop paying for the treatment under review while the review is pending,... View More
Was injured in a hospital attorney said I should not go for testing to return to work until I see his doctor could I lose my workmens comp checks since I'm not going for a 3 day intensive test with a neurologist
answered on Mar 1, 2016
You need to ask your attorney this question. I assume there is a reason why he is suggesting this approach. If you are not comfortable with it, you really need to discuss the matter with him and determine why he has made this recommendation.
will be admitted to a nursing home. They are both collecting S.S benefits and he has a workers comp settlement in a bank in both of their names. We need to know if she is entitled to half of that money from the workers comp and also part of his SS benefits to live on.
answered on Feb 27, 2016
If the money is in a joint account, it belongs to both of them regardless of the initial source of the money.
I have been on WC since November when I injured my shoulder at work. My light duty work was suspended when I had used up all of my pre-determined hours for light duty. However, two weeks ago, WC approved for an additional 30 days of light duty and I was forced back to work. My doctor through WC has... View More
answered on Feb 26, 2016
Your employer can require that you schedule medical treatment outside of working hours or not compensate you directly or through workers' compensation for the lost time. If the treatment is not available outside of working hours, you may be required to schedule the treatment to minimize lost... View More
The compromise and Release agreement did not have a request from the employer listed inside of it. Now I have nothing to support my actions except my lawyer verbally stated a position and I complied per there direction. Now im losing appeals in another case because of it
answered on Feb 25, 2016
Assuming you have a lawyer in the other matter, you should discuss the situation with him to determine your options. You may also want to talk to the lawyer that handled the workers' compensation to see how he reached his position. He may have a letter or e-mail from the other side that... View More
Had back surgery in 2011 but it didnt work and was told I have permanent nerve damage. Claim was closed 3/2012. Contacted my employer because the pain has gotten worse in 2014 and I was advised I am on my own. Have not gone back to see dr because I can't afford the additional medical bills.
answered on Feb 22, 2016
I am sorry to hear of your situation. I cannot answer your question without first reviewing the controlling documents. If your claim was legally accepted through the filing of the proper Bureau document or found compensable by a judge and the benefits were never legally terminated than you may be... View More
said employer changed their insurance provider, on 1/12/2016 I had to have knee surgery that left me unable to work at this time. Now this new insurance provider is denying my short term disability claim, they are labeling it as a preexisting condition because I saw a doctor for it on 12/08/2015. I... View More
answered on Feb 20, 2016
Unless the knee is a work injury, this is not a workers' compensation question. If the knee is as a result of a work injury, it should not be submitted to short term disability. A workers' compensation claim should be filed.
I herniated my back almost 3 years ago. My company accepted my claim and it remains open. I been back to full duty after being off for 3 months from the injury that happened 3 years ago. I have pinched nerves that suddenly appeared around this injury in October of last year. I been treated with my... View More
answered on Feb 14, 2016
Assuming this is truly an open claim for an accepted injury than yes it can be used to cover the surgery and related lost time. With the gap during which you returned to work combined with the potential new injury in October and your doctor billing your private insurance instead of WC, it is very... View More
I herniated my back almost 3 years ago. My company accepted my claim and it remains open. I been back to full duty after being off for 3 months from the injury that happened 3 years ago. I have pinched nerves that suddenly appeared around this injury in October of last year. I been treated with my... View More
answered on Feb 14, 2016
Assuming this is truly an open claim for an accepted injury than yes it can be used to cover the surgery and related lost time. With the gap during which you returned to work combined with the potential new injury in October and your doctor billing your private insurance instead of WC, it is very... View More
I've been back to work for over a year now, full duty, only missing maybe a month total during that time. But the nature of my job makes my back injury flare up more than necessary, and changing jobs will help alleviate pain. Just trying to find out if changing jobs is worth it in the long... View More
answered on Jan 29, 2016
If your claim is in NY, NY law would apply. Each state has different workers' compensation laws, so although I could tell you what would happen if this was a PA claim, I cannot comment on how it would be handled in NY. I would suggest that you repost this under the NY forum. Furthermore, if... View More
The request for medical and all of the injuries with each date and what type of medical care. I require physical rehabilitation with educational retraining due to injuries I can barely practice as a nurse. Im requesting pay as a registered nurse because I was demoted to LPN status. I am proving... View More
answered on Jan 26, 2016
Unless you know how to depose a doctor, cross examine fact witnesses, present exhibits, and argue the legal bases for your claim in a written brief, you should reconsider representing yourself. I know that does not answer your question, but it took me law school and roughly 5 years of actually... View More
I know that they can with FMLA but not sure about wc
answered on Jan 23, 2016
They can with workers' compensation as well, but if it is earned vacation time they do not get a credit against the workers' compensation. In other words you get the full check for both.
answered on Jan 21, 2016
Maybe. It would depend in part on whether the injury was accepted or denied and whether or not you received wage loss benefits. Furthermore, it is possible that you still have coverage for medical treatment but not wage loss. To obtain an accurate answer to your question, you should schedule a... View More
Ready to head back to work after months recovering from an on the job injury. Regardless of the employer having to cover me while I was gone aren't I entitled to the same schedule and/or amount of hours that I had before? Especially since the injury was not my fault?
answered on Jan 16, 2016
You are not entitled to the same schedule or number of hours. If you still have restrictions due to the work injury and are working less hours, you may be entitled to an ongoing partial wage loss benefit.
I work in dietary at a senior care home, supplying small dining room kitchen from stores in downstairs main kitchen, setting tables and trays, serving residents drinks, soup, salads, desserts in dining room, bussing tables, rigorous cleaning of kitchen daily, passing out water pitchers to rooms. I... View More
answered on Jan 10, 2016
If work is being provided within your restrictions you must perform the work provided or risk losing your wage loss benefits; however you are not required to exceed your work restrictions. If an assigned job is beyond your restrictions, you do not perform the job, but rather inform your supervisor... View More
being robbed at gun point I wasn't allowed to seek help
answered on Dec 29, 2015
If there are no physical injuries, this is what would be called a mental/mental claim. These claims are very fact specific and depend not only on what happened to you but also on whether such an event would be expected in your line of work or your specific work location as well as many other... View More
i just went back to work from being off on workmans comp. i had surgery on my ankle they had to reconstruct the ligaments in my ankle . i turned my ankle since being back to work and just found out i have a fractured ankle. will i get my workmens comp back
answered on Dec 26, 2015
Maybe. Since there was a separate incident since returning to work, this may be treated as a separate date of injury for which the carrier may accept or deny responsibility. The carrier has 21 days from the date of notice to accept your claim. If the claim is not accepted within 21 days, it is... View More
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