Workers' Compensation Questions & Answers

Q: I was hurt on the job the first dr was just giving me pain meds thay did xrays and mri it showed dice hernation a specil

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Nov 17, 2017

I would advise you to contact a workers' compensation attorney over the phone to discuss your legal rights. Most lawyers will speak to you for free over the phone. If have listed way too many details for me to adequately respond to you in writing.
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Q: If I gave an employer an end of employment date as a seasonal worker does that effect TTD past that date

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 17, 2017

You did not miss work at THAT employer beyond the ending date, so that adjuster claims you cannot be disabled from work if you don't work. IF you had a new job to go to but you could not begin because the physician advised against any work, provide the details of that employment you missed (care-giving for Aunt Virginia qualifies) to the adjuster with A WRITTEN DEMAND for 2/3 of the average weekly wage of that new job you missed. THEN you can argue at the end of the claim that the adjuster...
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Q: My husband will be getting a workman's comp settlement soon. Can he legally keep the settlement to himself?

1 Answer | Asked in Divorce, Family Law, Banking and Workers' Compensation for Illinois on
Answered on Nov 17, 2017

He can try to keep all of the settlement, but it is a marital asset, and your would be entitled to your equitable share of it if you were in an actual divorce situation. If there is no divorce case involved, he if free to do whatever he wishes with the settlement proceeds. You will be entitled to a portion of the funds if he still has some left when you divorce.
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Q: My employer's insurance company said I did not have to see one of their doctors after my injury is that normal?

1 Answer | Asked in Workers' Compensation for South Carolina on
Answered on Nov 17, 2017

No, that does not sound right. If Sedgwick is going to pay the bill, they are going to chose the doctor. If you see your own doctor, it is unlikely that Sedgwick will pay the bill. In order for the visit or treatment to be covered, it has to be authorized in advance by Sedgwick. If the visit is not authorized in advance by Sedgwick, your doctor will submit the bill to your health insurer and you will have to pay co-pays/deductibles, or they will bill you directly if you do not have health...
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Q: WC benefits resumedin Pennsylvania I am owed 30 weeks of benifits. When will I receive my back pay? Thank you.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Answered on Nov 16, 2017

It is difficult to answer your question without more information. If you have received a decision reinstating your wage loss benefits that is not appealed, your wage loss benefits should be paid within 30 days of the decision.

If you have been out of work for 30 weeks without receiving benefits, it would appear that benefits are being contested, and you will need to file a petition. If this is the case, you are more likely to be successful if you hire a lawyer to assist you....
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Q: I filed for Worker's Compensation at my place of employment April 2013 and it was accepted.

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 15, 2017

Resigning is no guarantee the insurer will agree to a C&R. Some insurers just don't pay for C&Rs because they know the law as written now let's them get away with denying all treatment, so why lose cash for treatment you'll never get? If the insurer has to pay for a bunch of Dr visits the reviews of treatment requests plus attorneys to answer penalty petitions and prep for expedited trials, a COMP & Release will look a lot more attractive.
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Q: I got hurt at work and went to file a claim for workrs' comp. In the interim, I ended up getting convicted of another

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Nov 15, 2017

While you are in jail for fraud, you won’t be able to collect workers compensation payments. If you don’t go to jail, then you can collect workers compensation payments.
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Q: Can Workers comp Check if you getting 2 income before they give you a settlement after your 2 years is Finshed..

2 Answers | Asked in Workers' Compensation for California on
Answered on Nov 15, 2017

Your question is not clear. I suggest you find an experienced workers compensation attorney. They don’t charge unless they settle your case and it’s usually 12-15%. Good Luck!
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Q: Hi i got injured at Ikea, (Back Injury) its been 2 years but recently had a surgery on my back..

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 15, 2017

I highly recommend you look for an experienced Workers Compensation Attorney in your area. They only charge is 12-15% and it’s worth it. (Payable at the end after you settle) Without one, you will probably get the smallest settlement. After being in Workers Comp since 1987, and working previously as an insurance adjuster, you will do much better off hiring an experienced workers comp attorney. You will not be required to pay until the case settles. Also, your attorney knows best on how to get...
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Q: I was involved im a car accident over the weekend

3 Answers | Asked in Car Accidents and Workers' Compensation for Maryland on
Answered on Nov 15, 2017

Listen to your doctors and listen to your body. The way to maximize the value of your personal injury case is to pretend like you do not have a personal injury case.
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Q: How can i get answers?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Nov 15, 2017

You just posted this in AVVO. I responded:

There are many red flags here. You don't tear your meniscus by "stepping wrong," it requires a twisting motion. WC benefits do not "end" in Illinois. They can be paid for an indefinite period. It doesn't make any sense for a surgeon to say that you need surgery but you can work full-duty.

Your benefits were terminated because you were released to return to work.

There is some disconnect with your employer. Your attorney...
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Q: Can I go to hospital after injury or do I have travel to employees dr

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Pennsylvania on
Answered on Nov 15, 2017

You go to hospital if its' an emergency. If not you see the employers doctor, assuming your employer has a list, then comp want pay. (you can go anywhere you want, but for the first 90 days--3 months-- comp will only cover emergency visits or visits to doctors on the employers' list if they have one)

If the employer doesn't have a list of 6 doctors (you get to choose) you can go to a doctor of your choice....
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Q: What should I do if insurance company isn't paying my TTD?

1 Answer | Asked in Workers' Compensation for Colorado on
Answered on Nov 14, 2017

Talk to your attorney again. Make sure he/she knows that you have not yet received your TTD benefits. The insurance company must pay TTD benefits every 2 weeks, or they could be penalized. Also, they will owe you 8% interest on TTD benefits that are paid late.
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Q: Once an initial monthly statement is submitted to workers' comp, how long should it take to receive payment?

1 Answer | Asked in Workers' Compensation for Arizona on
Answered on Nov 14, 2017

Your temporary partial disability (TPD) payments are payable every 30 days, so you should be due again if you're still on the same work status. You also should already have received and sent back to the adjuster your monthly report of job search attempts (mandatory, at least an average of 3 a week - you typically may satisfy this requirement by registering with job search engines like careerbuilder.com, indeed.com, ziprecruiter.com, monster.com, and similar sites) and income, if any, which is...
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Q: What to do when SDI benefits end after a 2 year 10 months workers comp injury case?

1 Answer | Asked in Workers' Compensation for California on
Answered on Nov 14, 2017

YIKES. Try Unemployment next, but some physician needs to have released you to work; you'll be turned down because you have not had any CA-SDI deductions on a paycheck stub for two years, but you can try. Unemployment requires you state you are physically able to accept an offer of employment ... and if you answer 'yes' to the question 'are you disabled?" you get turned down (that question should read 'Are you 100% disabled" but it doesn't. You ARE Temporarily Partially Disabled but NOT...
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Q: Am i entitled to a settlement if I been out of work for four months from a lumbar sprain the Dr's release me today

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Nov 14, 2017

If you have been released with no work restrictions and no future medical care anticipated, the insurer may conclude you are 100% recovered and thus the insurer faces no future liability. If so, the insurer has no reason to offer you any settlement since it faces no future exposure. However, just to close the books on your claim, the insurer could offer you a minor settlement but they are "not" required to do so.
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Q: I was attacked at work in Sc by another employee that resulted in me receiving a fracture nose, fracture jaw

1 Answer | Asked in Employment Law and Workers' Compensation for South Carolina on
Answered on Nov 13, 2017

You should have reported the incidence within 30 days, consult your doctor who already examined you and surely has made his report. Submit doctor's report along with his opinion to your employer and claim worker's compensation being injuries inflicted while on work.
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Q: Workers comp insurance refuses to pay lost wages for my second job stating that there's no way I could have worked

1 Answer | Asked in Workers' Compensation for Arizona on
Answered on Nov 13, 2017

Your average monthly wage, the term used in Arizona for determining your benefits payments, is set by the industrial commission and not by the insurance carrier. If you have not received a notice of average monthly wage, again from the industrial commission itself, you should send copies of your pay records from both jobs so that the wages and earnings can be combined. You are entitled to the combined amount as long as both of your jobs were covered by Arizona workers compensation law. If you...
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Q: How long should an employee keep records of past claims? I am still with the same employer but claims have been closed.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Nov 12, 2017

If your problems/symptoms have not resolved, you may need those documents again, so I would suggest holding on to all of them. If your problems/symptoms have resolved, I would still suggest that you hold on to the more important documents such as the Notice of Compensation Payable, the most recent Supplemental Agreement, Judge's Decisions and any Compromise and Release Agreement.
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Q: I was driving my personal vehicle when driving from sales meeting in tri cities to work in yakima and i was on the cloc

1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Washington on
Answered on Nov 11, 2017

Only if you had an agreement with them. Otheriwise, presumably you received mileage which in part would compensate you for insurance which is what should cover your damage. If you chose to not get insurance, your baby.

However you have a comp claim and should contact a member of the State of Washington Assn for Justice who handles comp--they give free consults.
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