Workers' Compensation Questions & Answers

Q: Workman's Comp carrier went out of business during my case , would going for Disability be a real problem ?

1 Answer | Asked in Workers' Compensation and Social Security for Illinois on
Answered on Mar 29, 2017

Hire an experienced Workers' Compensation attorney. I do not understand what you mean when you say "the Guaranty Fund was no help." The Fund has an obligation to defend any claims pending with an insurer that folds. The appropriate Motion before the IWCC will bring them to the table. You just need an attorney who knows what he's doing.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide...
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Q: I need help with employer long-term disability. Is there someone who can help me dealing with the LTD insurance company

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Answered on Mar 29, 2017

You need to search for an attorney who specializes in employment benefits. You should have done this in 2015. If you search for "employment benefit attorney McHenry County"you should find someone close to you. If not, search for "employment benefit attorney Chicago." There are several good firms in the City who do this work, exclusively.
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Q: my workman comp pymts stopped I was injured January 26th, 2015. It's March 27th,2017 hearing day.

2 Answers | Asked in Employment Law and Workers' Compensation for Illinois on
Answered on Mar 29, 2017

Since you are represented by counsel, you should direct all questions and concerns directly to your attorney. If you are not satisfied with your current attorney consider hiring a new one, although it may be a challenge at this point in time because the new attorney will have to split the legal fees (likely 20% of the total recovery) with your current attorney.
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Q: If an employee was full time when work related incident happened and got workers comp but changes status from full time

1 Answer | Asked in Workers' Compensation for Kentucky on
Answered on Mar 28, 2017

It depends on whether the worker has returned to work and what workers compensation benefit being referred to. If you return to work, after receiving TTD benefits, and then are reduced in hours, you will probably not receive additional TTD benefits. Your medical and all other workers compensation benefits should continue
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Q: I had my thumb amputated above the knuckle. What is the settlement worth and how do I know if

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Mar 28, 2017

Assuming this is a Texas workers' compensation claim, your thumb will be evaluated by a doctor under the 4th Edition to the American Medical Association's Guide to Permenant Impairment by a doctor certified to do impairment ratings. If you disagree with the rating, you can challenge it with another doctor's rating. The best way to determine if the rating is correct is to have your doctor or an attorney familiar with impairment ratings to look it over.
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Q: How soon after P&S can I expect the workers compensation company and a PI claim to make a settlement offer?

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Answered on Mar 27, 2017

an OFFER? NEVER. Never expect an insurance company to offer you anything. Now, you should anticipate YOUR attorney to make a DEMAND for a workers comp settlement about 6 weeks after you undergo the Maximum Medical Improvement evaluation with the evaluating physician. If it is the Primary Treating PHysician that found you at Maximum Medical Improvement (we say MMI now; P&S is no more), and your attorney agrees with that Treating Physician's findings -- and those findings address ALL the...
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Q: Can I retire and collect WC salary along with my pension?

1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Answered on Mar 27, 2017

You should consult a workers compensation lawyer. Workers compensation by definition is for "workers." If you retire that means you no longer work.

Your future medical care is critical. Years ago in other jurisdictions we would do washouts or full and final settlements. Today the biggest value in an older workers comp case is future medical.

Complicated calculations used to include Medicare set asides and other considerations.

You might only retire once. Don't mess that...
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Q: Why would workers comp atty take case, say he is going to file in 3days, then does not file PFB,leaves worker injured

1 Answer | Asked in Workers' Compensation for Florida on
Answered on Mar 26, 2017

If you are. It getting benefits you should be then a petition is needed. However the petition requires first contacting the insurance carrier and trying in good faith effort to resolve and may require medical records to support the petition

Maybe your attorney is waiting on any of the above or just got busy. Are you sure that your attorney promised he was filing the petition in 3 days no matter what?

I suggest you contact your attorney to discuss status. You are always free...
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Q: i have a workers comp law suit with a lawyer already, it is a conflict of interest, Can I change my lawyer?

1 Answer | Asked in Workers' Compensation for New York on
Answered on Mar 24, 2017

There's no inherent conflict with having 1 lawyer represent you in 2 cases. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...
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Q: Can I due my employer or workers compensation

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Mar 24, 2017

If I'm understanding you correctly, you were using Texas workers' compensation and then decided to begin using your private health insurance. And, under your private health insurance you had a disc fusion on 03/06/17. It will be difficult to pursue this under workers' compensation at this point. If your doctor that did the surgery preauthorized the surgery through workers compensation, you could claim disability through workers compensation, but it doesn't sound like this occurred. I'm also...
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Q: if I accept $ from workers comp for facial scar, can I get a lawyer later on and sue employers insurance?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Mar 23, 2017

Generally, no. Once an issue is decided by law, it cannot be challenged again. This is called "collateral estoppel" or "issue preclusion." So, if you get an award for your facial disfigurement, and it is not appealed, then that determination will be final. However, if you have any disability from the injury, you may still be able to receive those benefits (since that would be a different issue).
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Q: How much is my case worth?

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Mar 22, 2017

In the incident you described you would have two claims. You would have a claim for workers' compensation due to this being an injury on the job. You would also have a personal injury claim against the driver of the tractor trailer and his employer. Unfortunately, the workers' compensation claim is a lien on the personal injury claim. This means one cannot settle the personal injury claim without resolving the workers' compensation lien. Usually, this means paying back the workers compensation...
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Q: Can an employer refuse to pay lost wages as a result of a work related injury that may have a non work related cause?

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Answered on Mar 21, 2017

An employer can always dispute the compensability of an injury. One of their arguments could be that the incident at work did not cause the injury. Your question is a little confusing since you indicate the injury has "a non work related cause." If the injury was not caused by your work activities the employer's workers' compensation carrier would not have to pay for the lost wages. However, if there is a pre-existing condition that is made substantially worse by a work event resulting in a...
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Q: What to do when you disagree with the company doctor And you know that the injury was work related

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Answered on Mar 21, 2017

You need to dispute the extent of injury and set up a benefits review conference. You dispute the extent of injury by filling out a DWC 45 and filing it with TDI-DWC. You can find the form here: http://www.tdi.texas.gov/forms/dwc/dwc045brc.pdf However, I recommend you consult with an attorney regarding your rights before you go to a benefits review conference ("BRC"). You need to have medical evidence that the injury was work related and an attorney can make sure that the medical records...
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Q: I have been on WC for a year from a severe shoulder injury which required surgery to repair and now requires additional

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Mar 21, 2017

Certainly you are entitled to an adjustment of your TIBs. If the employer was paying for the insurance to comply with COBRA rights or for any other reason and at some point it stops paying, you are then entitled to an adjustment of your AWW. For example, say you were making $500 a week (each week for 13 weeks prior to your injury) and the employer continued your insurance (worth $50 a week) for 16 weeks and then stopped. On the 17th week your TIBs should be adjusted to reflect the additional...
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Q: I had my thumb cut off in 2011 it was put back on and was all through workers compensation

2 Answers | Asked in Workers' Compensation for Texas on
Answered on Mar 21, 2017

Yes you can go back to the doctor. You are supposed to have life-time medical as long as it is reasonable and necessary because of your work injury. It certainly seems as though you qualify. Good luck.
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Q: Texas teacher injured in a fall. TASB Risk Management does not have a specialist in network within 100 miles. Options?

2 Answers | Asked in Workers' Compensation for Texas on
Answered on Mar 21, 2017

You can contact the network administrator and ask for an out of network exception. Or else, you can drive to the network specialist and submit a milage request for reimbursment for a doctor that is over 30 miles from your home. I always try to make a written list of each doctor and/or medical provider that is unwilling to handle the case.
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Q: Are the workers comp adjusters held liable under Ocga 34-9-19 for having false information on a denial form?

1 Answer | Asked in Workers' Compensation for Georgia on
Answered on Mar 20, 2017

The insurance company can absolutely be held accountable for incorrect filings. Consult a workers comp lawyer to fully understand your rights. My office offers free consultations.
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Q: I am on workers comp.from a slip and fall. Am I entitled to a settlement?

1 Answer | Asked in Workers' Compensation for New York on
Answered on Mar 19, 2017

You should speak to an attorney to go over the facts of your case. You may be able to get a settlement.
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Q: Thank you,the question from the PA unemployment woman was did they lay you off or did you quit

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Mar 19, 2017

Rather than constantly asking questions about your situation on this website, I believe you would best be served by contacting an Attorney who is a Certified Specialist in Workers Compensation Law to discuss your rights and remedies.

The Initial Consultation would be Free of Charge and most Attorneys will accept your Workers Compensation Claim on a Contingent Fee basis and if you need help with Unemployment Compensation, most Attorneys will accept said case on a Flat Fee basis.
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