Timothy Belt's answer 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 you have a lawyer you should certainly discuss this with him before doing anything.
Timothy Belt's answer 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 handling workers' compensation cases including hundreds of hearings and depositions before I was consistently comfortable that I knew what I was doing. No one will be able to teach you how to do this in...
Tristan Kenyon Schultz's answer There are a lot of variables here, so I recommend that you/employer retain an attorney for advice along the way. This will be a process, but you will be able to correct any problems with a bad employee. First, there is no strict limit when an employee can be terminated (but the closer a termination occurs from injury claim the greater the chance that a discrimination claim will occur). Mostly the goal should be to follow every aspect of the employment/insurance agreement (allowing her to work,...
Timothy Belt's answer 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.
Adam Studnicki's answer Unclear if this would constitute gross negligence and extent of injury is also unclear. Talk to an injury and/or worker's comp lawyer ASAP.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I...
Timothy Belt's answer 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 meeting with a workers' compensation attorney to review your particular facts and the controlling documents for your claim.
Julie A. Rice's answer I would first seek a consultation with a Workers Compensation Attorney and most offer a free legal consultation and then they can advise whether your should be looking at unemployment as well or not at all.
Timothy Belt's answer 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.
Timothy Belt's answer 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 that the job is beyond your restrictions. If you are offered work within your restrictions that you cannot physically perform, you need to address this with your doctor who may or may not modify...
Jan F Hoen's answer This question is best answered by an attorney who has an opportunity to review your records and obtain opinions from your physicians.
As a general matter, there will probably be a worker's comp lien for payments made after the date of the auto accident by the employer's insurance carrier. It would be to your benefit to consult an attorney with experience in both fields.
Jan F Hoen's answer A permanent partial rating approved by your panel physician should qualify for a lump sum award. It is not necessary to settle the award for lifetime medical benefits, which is separate. A qualified and experienced attorney can assist with evaluating your claim if you are still interested in a full and final settlement.
Timothy Belt's answer 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 factors. To get a proper evaluation of the merits of your claim, you should consider talking with one or more local workers' compensation attorneys.
Timothy Belt's answer 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 fairly safe to assume that the claim is being denied in which case you would need to file a Claim Petition to obtain benefits.
Timothy Belt's answer If it is your doctor sending you for an FCE, normally they will write out a script and the normal rules regarding negligence and medical malpractice would apply. If the FCE is being scheduled by the workers' compensation carrier as part of what they call an IME, there is not normally a script, but there is also a very real legal question as to whether or not you have to go to this FCE. The controlling case on this issue would be the Supreme Court of Pennsylvania decision in Coleman v. WCAB, 842...
Timothy Belt's answer You do not have to allow the nurse case manager any contact with your doctor beyond what is specifically required for billing purposes. You can tell her to leave if she shows up at your doctor's appointment, and you can tell the doctor in no uncertain terms that you have not consented to him discussing your claim with the nurse case manager or waived the doctor patient confidentiality. Please be aware that if you have signed authorizations allowing for this contact, you will need to rescind...
Timothy Belt's answer If it is your doctor sending you for an FCE, normally they will write out a script and the normal rules regarding negligence and medical malpractice would apply. If the FCE is being scheduled by the workers' compensation carrier as part of what they call an IME, there is not normally a script, but there is also a very real legal question as to whether or not you have to go to this FCE. The controlling case on this issue would be the Supreme Court of Pennsylvania decision in Coleman v. WCAB,...
Tristan Kenyon Schultz's answer Without looking at the letter I cannot say for certain, but I think that this is only a formal sounding letter from the insurance company to encourage you to attend the next meeting (which I highly recommend that you attend). It does not sound like this is a court summons, but if you miss another meeting your benefits may be withheld or other negative consequences may occur. From the sounds of it you are not in trouble.
Leonard R. Boyer's answer If you have not already retained an experienced Worker's Compensation attorney you need to do so right away. If you have retained an attorney, then you need to direct your questions to that attorney. Good luck.
Timothy Belt's answer There is a difference between your claim being over and the adjuster closing their file. This sounds like an adjuster that simply decided they were not approving anymore treatment. If you have a lawyer, talk to them about possible petitions. If you do not have a lawyer it is time to get one since the carrier appears to be playing games with your claim.
Justia Legal Answers is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Legal Answers 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 Legal Answers 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.