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Workers' Compensation Questions & Answers

2 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: Does WorkComp cover travel to work & going home from the job?

broke leg en route

Richard Alan Jaffe answered on Jun 18, 2019

I am sorry to hear about your injury, but it would be impossible to answer your question without further information.

In general injuries going to / from work are not covered by Workers Compensation but with every rule, there are exceptions to the “going coming” rule. It is my...
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1 Answer | Asked in Workers' Compensation for Texas on

Q: Are you able to change jobs while seeking treatment under workers comp/Sedgwick?

I want to change jobs, but I was told once you leave your job your treatment through workers comp/Sedgwick stops at the door.

S. Michael Graham answered on Jun 18, 2019

If your claim is through the Texas Department of Insurance, Division of workers' compensation, you can change jobs without effecting your workers' comp. Your claim is with the Insurance Carrier and not the employer. However, before you change jobs you want to make certain that you actually have new... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on

Q: I'm a govt contractor who's company is in PA. Do I need to call the VA workers comp?

I am a contractor and my company is in PA. I fell at work and they use a private company (AIG) for their workers comp. Do I need to also inform the VA workers comp?

Jerry Lutkenhaus answered on Jun 18, 2019

Virginia would only have jurisdiction of your case if your company regularly has two or more employees working in Virginia and the accident occurred there. Of course, if you are not an employee, then you are not covered by workers compensation insurance unless you insure yourself.

1 Answer | Asked in Workers' Compensation for South Carolina on

Q: Should I have filed a civil lawsuit instead of a workers comp claim for a TFCC injury and surgery, details below!

Went into the boards hard and graphic during my hockey game, tore my tfcc severely. Played on it for 6 more games, incident happened Jan 18 and I wasn't given an MRI until a week later, "just tape it up kid," type thing. MRI showed a severe tear. Surgery Feb 8th. Filed a workers comp claim shortly... Read more »

Ilene Stacey King answered on Jun 17, 2019

From your question, I assume playing hockey is your job. That would have to be true for you to have a workers' comp claim for your injury. If you have a workers' comp claim (in other words, if you were injured while working) then workers' comp would be your only remedy. You would not have a... Read more »

1 Answer | Asked in Workers' Compensation for Illinois on

Q: Is there a time limit in Illinois to seek medical aid with a on the job injury?

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?

James G. Ahlberg 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 responsible for... Read more »

1 Answer | Asked in Workers' Compensation for Pennsylvania on

Q: What does this mean: according to evidence if record: the recurrence is for medical care only claim is in open status

Adjudication if claimed recurrence is not necessary & no further action will be taken in regards to this claim

Glenn Neiman answered on Jun 14, 2019

Honestly, I simply cannot tell what that means on the part you have quoted. Assuming this is a decision from a Judge, I would need to see the entire decision to be able to tell what is going on. If you have an attorney, obviously your attorney is the best one to tell you what this means, and how... Read more »

3 Answers | Asked in Employment Law, Tax Law and Workers' Compensation for California on

Q: My ex employer misclassified me and all employees as independent contractors . Repeatedly would not pay on schedule.

Recently terminated for demanding paycheck which consistently was late 3-4weeks. what steps do I take to report employer and clarifying to tax board the misclassification

Neil Pedersen answered on Jun 12, 2019

You should quickly find an employment law attorney to discuss these issues. You may well have a valuable claim, depending on what kind of employee rights were denied you as a result of the misclassification. You may also have a claim that would allow you to raise the misclassification and other... Read more »

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1 Answer | Asked in Contracts and Workers' Compensation for California on

Q: Can i request compensation?

I work under contact which were signed for 1 year. In contact it was clearly written about a year with possible direct hire. On Friday 30 min prior end of the day i got call from manager, who said that i shouldn't come to work starting Monday because of my contract was split into two 6 month... Read more »

Bruce Alexander Minnick answered on Jun 11, 2019

Your written contract will control this situation. However, before you hire a lawyer be sure to re-read the contract to be sure it says nothing about "splitting it into two 6 month periods."

2 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: I haven't received any treated for my ankel in 10 months i was stucked by a forklift.WMC doctor say I have deformity

They took an mri of the foot not the ankel both doctors worte down.how long do i wait more for treatment.and with no back pay also.I have a lawyer but its taking so long for treatment.

Glenn Neiman answered on Jun 11, 2019

I am so sorry this happened to you. Having your valid claim denied can be very frustrating, to say the least. The best person to give you an answer with regard to the timing of your case is your attorney. Only he or she knows the details of your case and can provide some estimate for how long it... Read more »

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1 Answer | Asked in Workers' Compensation for California on

Q: My workers comp lawyer got a higher pay out from the adjuster. I’m supposed to go sign off on it. What do I look for?

I received medical for life plus a settlement. Five years later, the adjuster offered a pay out at a lower amount and my lawyer countered. Now, I have to go in to sign off on it. How do I know that I am not being screwed over? And do the lawyers get a cut even though they received payment... Read more »

Nancy J. Wallace answered on Jun 8, 2019

There is absolutely no way to advise you given the lack of facts here. IF you do not trust this lawyer, you should terminate this lawyer and hire a lawyer you do trust, then go through the options other than agreeing to this amount in exchange for surrendering all you possible future rights... Read more »

2 Answers | Asked in Workers' Compensation for California on

Q: If injured at work doing something that is not in your job description is the employer still responsible?

While trying to remove an animal that was trapped above a drop down ceiling I fell and a bookcase hit me in the back. The animal had been in the ceiling for at least two weeks and was crying every time I was there at the location. The staff was stressed over it and so was I. I am not employed by... Read more »

Ronald Mahurin answered on Jun 4, 2019

Your question is very confusing because I cannot ascertain what you mean by "placed there." If you were working for a temp agency, my recommendation is to get legal help right away because there will be a conflict between the two employers about who should pay. Yes, you have a WC case, but the... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: Are the judges summary of trial official?

I received the judge’s summary of trial but it was vague and did not include anything that is in my favor. It looks like it was written to scare me into a settlement. What impact does it have in my case? Can I bring a witness to the next day of trial?

Ronald Mahurin answered on May 28, 2019

I am guessing that you are referring to the summary of Evidence. You can write the court and address specific issues and you should do so. Be assured, the WCJ is not trying to scare you. Most likely, if you are representing yourself, you did not prepare the case as defendants have, thus you are... Read more »

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2 Answers | Asked in Workers' Compensation for California on

Q: My claims adjuster scheduled me for a QME, after agreeing upon a doctor for an AME with my lawyer. Is this normal?

My lawyer and claims adjuster made an agreement on a doctor for me to get an AME at a later date. I just recently received paperwork for a QME that was requested by my claims adjuster. The paperwork was postmarked for a recent date, so I know that the request was not an old request. I've contacted... Read more »

Ronald Mahurin answered on May 26, 2019

Unless you actually attend the AME appointment, the claims adjuster can decide to use a QME. I strongly suggest you wait until you hear from your attorney. It may be there was an assistant working on your file and inadvertently requested a QME. Remember, the QME process has protocols and if they... Read more »

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1 Answer | Asked in Workers' Compensation, Banking, Federal Crimes and Government Contracts for California on

Q: The judge didn't appoint a guardian ad litem my lawyer ask for it they never said he could cash my checks what do I do

Judge stated that guardian only gave rides help with housing health care mange money he doesn't give me my checks I'm homeless no doctor need meds

Ronald Mahurin answered on May 20, 2019

If the WCJ did not appoint a guardian then you have none and you should be cashing your checks, not someone else. Speak to the WC carrier and demand that the checks be sent directly to you. If someone then takes the checks and cashes them, it is a matter for the district attorney.

1 Answer | Asked in Employment Law and Workers' Compensation for California on

Q: If an H1B employee leaves job and exits USA while on open work comp claim. What happens to claim?

Having been on work comp can or may affect future employment? (For repetitive stress injury)

Follow-up question: Restrictions are minimal and worker is on modified duty. Do not have time to settle case (1 month left before exiting US). What would be best possible ways to close this work... Read more »

Ronald Mahurin answered on May 18, 2019

There are several possibilities

1) defendants will seek to have the claim dismissed if there is no activity for 6 months

2) The case will linger and nothing will be done until the employee returns or case is dismissed

3) the employee can try to get treatment outside US,...
Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on

Q: Can I sue my place of employment for pain and suffering due to a fall while I was pregnant

The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »

V. Jonas Urba answered on May 16, 2019

Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on

Q: I'm still on WC, and DR. care and restrictions have not got an MMI... Employer call said about FMLA is about to expire.

Not sure they are getting the 73. ask about if I was on restrictions, to see if they can find something for me or said maybe I would have to resign... Kind of confuse why would they put me on FMLA when it's a work injury not ask to for leave to take care of a family member...

S. Michael Graham answered on May 15, 2019

FMLA is based upon a federal statute that allows an individual to be off from work for 12 weeks and the employer cannot fire them "for being off work". After the 12 weeks expires, unless the company has a different policy, they can terminate your employment despite the fact that you are off for an... Read more »

1 Answer | Asked in Workers' Compensation for Florida on

Q: Will I receive compensation for missed work? Does reservation of rights mean they can decide later not to pay the dr.?

I filed for workers comp in florida for repetitive stress injury. I was accepted under reservation of rights and they are sending me to a doctor they chose. Does this mean I will be compensated for my past missed work/income? Can they decide later to deny me and make me pay the doctor fees of the... Read more »

Mitchell Feldman answered on May 12, 2019

Stress is not an injury covered by chapter 440. If you mean repetitive stress fracture that’s different. Assuming it’s the latter you won’t be compensated u less you are out for at least 7 days. They cannot bill you after they authorized a doctor. Most it not all work computer lawyers... Read more »

3 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: Why did the workmans adjuster got replaced with a lawyer.thank you

Timothy Belt answered on May 9, 2019

Adjusters do not handle petitions before judges, so my best guess is that a petition has been filed or is being considered.

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3 Answers | Asked in Workers' Compensation for Pennsylvania on

Q: Please if you can let me know now that its taken so long what can i do to further .

9/19/18 i got stuck by a forklift with no brakes. I got a lawyer its been 8 1/2 month gone by i only received 9 weeks of pay i saw my lawyers doctor and i have ankel deformity and torn ligaments . i got and MRI also from insurance I'm still in pain and there taking along time for treatment. We went... Read more »

Richard Alan Jaffe answered on May 9, 2019

I am very sorry to hear about your work injury and the difficulty that you have been having since that time, however, as you are apparently represented by an Attorney and are already involved in litigation, the individual that would best be able to answer your questions is the Attorney currently... Read more »

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