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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Can I be fired for refusing to do cleaning I consider a hazmat job during this coronavirus atmosphere? (guest's vomit)

I am on Worker's Comp working 21 hours a week. My job is housekeeping and a guest threw up all over her room. During coronavirus I consider this a hazmat clean up. My boss says I have to do it. Can they LEGALLY fire me for refusing to do it? I honestly can not, physically, bend and do this... Read more »

Jeffrey David Morris
Jeffrey David Morris answered on Dec 3, 2020

In my opinion, they could possibly fire you so long as your work restrictions given by the treating physician were met when you were requested to perform this task. The coronavirus situation does not change the answer legally in my opinion. However, there is probably much more to the situation that... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: I'm going through Work Comp now to deal with my carpal tunnel. I have had visits w/ a Dr. prior trying to avoid WC.

WC now wants my med. records. How far back am I required to realease? Have I damaged my case w/ WC by trying to deal with it privately before? I had heard horror stories about WC and didn't want to have that experience. Thank you.

Gary Alan Jackson
Gary Alan Jackson answered on Dec 1, 2020

the answer is a reasonable time. its best to consult with an experienced work comp attorney and hire one to represent you and help you through the process. it costs nothing out of pocket and fees are limited to 15% of the settlement amount. its well worth it to have a professional by your side and... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning and Workers' Compensation for Utah on
Q: Can your v. Successful x husband leave you homeless after 20 years of marriage and 4 kids?
David Luther Woodward
David Luther Woodward answered on Dec 1, 2020

I don't know! You live in Utah and things are done differently there! LOL

Please go see a divorce lawyer ASAP. Most good family lawyers will hear you out in the first sitting. Here in Florida (and in Texas and Oklahoma) the court can award temporary alimony, child support and...
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1 Answer | Asked in Workers' Compensation for California on
Q: Please help with choosing a doctor I received my panel

F

Ronald Mahurin
Ronald Mahurin answered on Nov 30, 2020

I cannot do anything without their names

Ron Mahurin

Northerworkerscomp.com

Q: Fired for restraining an out of control fellow worker I was assaulted by at work in front of management. Days after.

Management deleted hours work prior to terminations.

Kyle Anderson
Kyle Anderson answered on Nov 25, 2020

More facts are needed to analyze your situation. Arizona is an at will employment state, meaning you can be terminated for any reason or no reason at all. The only protection you can usually get from a legal standpoint is if the termination is based on your race, religion, sex, etc.

If...
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1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Do I have the right to deny a recommended procedure by a doctor and still be covered by W/C for possible future surgery?
David Gantt
David Gantt answered on Nov 24, 2020

NC law requires injured workers be given reasonable and necessary medical care. Our law also gives WC insurance companies the right to control medical treatment as long as they recognize the WC claim. Future medical treatment can be claimed for two (2) years after the last payment of weekly wage... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: How do you write a settlement demand letter?

I filed a subsequent Injury benefit Trust Fund application and they said that I needed to write a settlement demand letter. What are the parameters? what can I ask for? what all goes into this letter. to make it a complete and proper way of writing this. I am doing this myself .

Gary Alan Jackson
Gary Alan Jackson answered on Nov 20, 2020

we handle a large volume of SIBTF cases. unfortunately to answer that question would take an entire seminar of between 10 to 30 hours of instruction. SIBTF is great and very valuable but very complicated. you will need to have SIF doctors most likley in multiple specialties to address and issues... Read more »

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2 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: If i had a stroke which resulted in a brain anurism, can i get compensation from the company?

I feel i was made torn to work harder than most employees purposely on a daily basis and i also talked to company personel about feeling like this and possible solutions. I have also relayed this to fellow employees i directly work with and they also see my reasoning for feeling singled out.

Dale S. Gribow
Dale S. Gribow answered on Nov 20, 2020

each case rises or sinks on the specific info for that case.

I assume you are talking about filing a worker's compensation case against your employer. If so you need to make an appointment with a WC lawyer.

They will want to know what EVIDENCE you have to support your...
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2 Answers | Asked in Workers' Compensation for North Carolina on
Q: I recently broke my foot at work and now the workmans comp adjuster wants a recorded statement. What do I do?

I told her I needed to consult with an atty 1st.

David Gantt
David Gantt answered on Nov 19, 2020

You should speak with an experienced Workers' Compensation lawyer before making any recorded statement. NC law does not automatically recognize and accept injuries just because they happen at work. The law also requires an accident or very specific occupational disease (not applicable to a... Read more »

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1 Answer | Asked in Workers' Compensation for New York on
Q: Personal insurance on workers comp case

Good morning,

I has an accident on the job site and the medical assistance on the emergency room, cirgury and hospitalization was charged to my personal insurance, it happens two months ago and now I'm whit workers comp, what is the best way to put everything on order ?? Thanks

Tim Akpinar
Tim Akpinar answered on Nov 19, 2020

This is really something that an experienced workers' comp attorney would know the most about, but you await a response for two weeks. If you are represented by an attorney, bring it to their attention. If the accident involved a third-party claim (where a personal injury attorney is involved,... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: Can you revisit a WC case that has been incorrectly handled after more than 30 days?

I injured myself at work and didn't push them to file WC due to being concerned I would lose my job. I paid almost $10k out of pocket in lost wages and Dr's bills. I returned to work and have re-injured my knee. Can I go back and do anything to recoup lost monies? What about filing now?

Tim Akpinar
Tim Akpinar answered on Nov 18, 2020

You could reach out to one of the workers' comp attorneys here (you could locate firms closest to the Mount Kisco area) under the Find-a-Lawyer tab, or you could reach out to firms you find on your own. Ask the firms you contact if they offer free initial consults to briefly discuss what took... Read more »

1 Answer | Asked in Workers' Compensation and Appeals / Appellate Law for Texas on
Q: Exam date and certification date different what date is correct for MMI rating?

MMI sent to company doctor not my treating doctor company doctor accept MMI refused and was refused to go to primary doctor until 90 days up and primary doctor said not at MMI what will happen

Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

Thanks for your question. I have some difficulty understanding precisely what you are asking. So with that having been said I will answer as best I can. It looks as if neither doctor said you are at MMI? If that is correct then you will stay on TIBs until you reach MMI as certified by qualified... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should I find my own FCE specialist or is it in my best interest to use the one suggested by my treating physician?

At this point in time, I am currently working a modified duty assignment with the organization I work for?... so, I am guessing that with this study I will be closer to MMI, however, I do not feel that I am anywhere near 100% to do my job safely and efficiently. Any help is greatly appreciated!

Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

Thanks for your question. If you simply use your own medical provider for the FCE, you may have to pay for it yourself. You are correct that the IC is preparing to send you off to MMI land. They are in the business of collecting premiums, not paying claims so I would not be trusting everything from... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: in the state of Texas how is the waiting period for surgery approval ? Meanwhile how long do I have to go in pain?
Roy Lee Warren
Roy Lee Warren answered on Nov 17, 2020

First, thanks for your question. The answer I must say, it depends. (I hate that answer but I will explain). If your case is being disputed, b/c the carrier is claiming surgery is not necessary b/c it's not related to a "compensable injury" it could be a while. Maybe 6 months, I know... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Dismissed Attorney fee dispute held in trust account after an Approved C&R.

Hi,

Recently an agreed upon C&R was approved by the Judge in my WC case. I had dismissed my WC attorney months ago and he filed an lien/fees at the time and now is requesting an exact amount from the settlement which is stated in the approved C&R and held in a trust account. I have... Read more »

Ronald Mahurin
Ronald Mahurin answered on Nov 16, 2020

By law the attorney is entitled to payment for services provided quantum merit. Absent fraud or incredibly bad representation I think you are stuck. You are living a fantasy if you think the attorney is going to dismiss the lien outright and have the money paid to you after working on your case.... Read more »

1 Answer | Asked in Contracts, Employment Law, Workers' Compensation and Business Law for California on
Q: Special Employment - Joint Responsibility

If I own a bar/night club and I “willfully/negligently contracted with a security company suspended by California Secretary of State and has no worker’s comp insurance to provide me security services, can I be liable or do I implicitly accept liability of the employer of the staff of the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 14, 2020

If I read between the lines of your question, you have been sued because the bouncer roughed someone up, and they claim that you "willfully/negligently" hired a bad security company. I am not trying to be rude, but you won't find the help that you need here, you need to hire an... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Texas on
Q: Can my boss reduce my hours while I have an open workers comp claim?

I tried to get partial unemployment but she gave me just enough hours to where I cannot receive benefits, is this right?

Kyle Anderson
Kyle Anderson answered on Nov 11, 2020

Some states have laws that protect employees from retaliation after filing a worker's compensation claim. If you filed for it, and your boss reduced your hours in retaliation for it, you may have a claim. It depends on Texas state law. I would reach out to an employment law attorney in Texas... Read more »

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1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: Contractors were cutting a tree fir me, they went into the neighbors backyard and a limb from the tree they were removi

Ng struck their back, who is liable?

Tim Akpinar
Tim Akpinar answered on Nov 8, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. As a general matter in such settings, the workers' comp carrier should pick up any costs of medical expenses or lost wages. If there was something that gave the worker cause for a third-party claim, that could... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Last employer failed to comply with OSHA laws. I am now suffering from migrating metal in body after MRI. Case?

Last employer failed to comply with osha guidelines in many areas. By not having protective shields on grinders I am now experiencing painful side effects from having an MRI done almost a year after being released from duties. Metal shavings are migrating in my skin and face. When multiple... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 25, 2020

Although workers' compensation is not included in your categories, you may want to consider reaching out to a California WC attorney without further delay, as you state that almost a year has elapsed, and what you describe appears to have a connection to the course of employment. Also consider... Read more »

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1 Answer | Asked in Workers' Compensation for Tennessee on
Q: If worker’s compensation denied my claim and offered a settlement. Can I also get short term disability? double dipping?
Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 23, 2020

If Worker's Comp denied the claim on the basis that the injury didn't occur in the course and scope of employment and therefore was not a covered claim but then offered to settle - then you might be able to claim disability. The settlement should confirm that the Comp carrier / employer... Read more »

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