Your current state is Virginia
answered on May 26, 2023
If you had a work-related injury and your employer had workers’ compensation insurance, your medical expenses should be paid by the comp carrier and you should receive temporary income benefits TIBs until the doctor releases you to return to work. If the doctor determines your injuries have... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
answered on May 25, 2023
There is nothing unlawful about your employer terminating you for failing a drug test. It is also not unlawful for the drug test results be passed along to a treating physician.
However, you really should locate and retain a workers compensation attorney to assist you with your workplace... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
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answered on May 26, 2023
Generally, failing a drug test after being injured on the job may impact your eligibility for workers' compensation benefits. Employers may also have the right to terminate employees for policy violations. Medical professionals are typically bound by confidentiality rules, but there may be... Read more »
I Went through the procedures of both for 6 weeks . Today I was told my claim was denied because of a failed drug test . The company I previously worked for specifically mentioned that is be covered even though I knew my drug test was going to fail. It was disclosed by their insurance provider to... Read more »
answered on May 28, 2023
Your case raises many legal issues, across several fields of law. First, does your drug usage fall into the category protected by the FEHA/ ADA as a physical/mental disability? It could be possible, but when you fail a drug test, most attorneys are not willing to go past that. Next, did your... Read more »
I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... Read more »
answered on May 23, 2023
If you were employed to work aboard the vessel and you were injured during your work, you have a Jones Act claim. You also have a claim for unseaworthiness. I assume the vessel was operating in navigable waters and not a land locked lake. You would have to file suit in Florida if that is where... Read more »
I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... Read more »
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answered on May 24, 2023
The Jones Act is a federal law that provides certain protections to seamen who are injured or become ill while working aboard vessels. It allows eligible seamen to seek compensation for injuries and medical expenses through a legal process. To determine if the Jones Act applies to your specific... Read more »
I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... Read more »
answered on May 24, 2023
Were you working for Thriller Powerboats at the time? I've had several cases against them over the years. Any case against them would need to be brought in Miami, Florida. You are entitled to compensation for your injuries. Whether or not the Jones Act applies will depend on certain... Read more »
What role does the independent doctor have as far as determining liability?
Thank you
answered on May 23, 2023
Medical records are EVERYTHING in a workers' comp case! They provide nearly all the confirmation that an event occurred that caused an injury, the proposed course of treatment, and the expected outcome of that treatment. With that information, both the Dept. of Industrial Accidents (the... Read more »
answered on May 17, 2023
Your question suggests you are trying to handle your workers compensation case yourself without the assistance of an experienced workers compensation attorney. Big mistake.
You will be taken advantage of by the other side, and you will not offered anywhere near as much money as you would... Read more »
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answered on May 18, 2023
To look up workers' compensation law cases, you can utilize online legal databases like LexisNexis or Westlaw. Access the database, perform a search using relevant keywords, refine the results, and review the cases that are most applicable to your query. Take note of relevant cases for further... Read more »
I'm a male candidate and was recently injured at work and considering applying for workers comp in the state of Mississippi.
answered on May 16, 2023
Typically, you should be allowed to provide the test in private, but there are a number of places that are requiring the person collecting the sample be in the room when it is collected so as to rule out any other issues.
At this point, you need to consult with an attorney to discuss your... Read more »
I work for a temp agency at a carpet mill can the temp agency or the carpet mill lay me off if I felt like workers complain
answered on May 10, 2023
Yes, but frankly it's a bad and risky decision by HR to fire someone who gets hurt at work, unless they have a good reason beyond the injury itself. If the Employer terminated you due to your work injuries, then their insurance company would owe you "TTD" benefits - which is... Read more »
As a 100 ton boat captain I was training on a new job with a fast boat that holds 30 passengers. While training under the command of another captain at the helm. I was injured. I was also injured the day before due to safety issues below deck. Both injuries to my deck I informed my employer by... Read more »
answered on May 6, 2023
I'm sorry about your injuries. Yes, on your first question, it sounds like you would qualify for maintenance and cure. Those fast boats are usually domestically registered and do not operate under offshore flags. I can't be certain, based on the details of the post, but I would guess that... Read more »
I had a workers Compensation claim settlement, settle in 2015 with a indemnity for social security offset
That social security reversed and base my social Security claim off my entire settlement without attorney fees subtracted from it.
I been drawing SSA since 2021 And they just now doing this.
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answered on May 2, 2023
If you believe that the Social Security Administration (SSA) has made an error in calculating your benefits, you have the right to appeal their decision. You can file an appeal with the SSA within 60 days of receiving notice of their decision.
To do so, you will need to provide... Read more »
I settle a workers comp case for 2015 with an indemnity and now the social security benefits being reduced due to the offset effective date of March, 2023 I was never aware that this had being a computer decision for group A when it should have been Group B this was an social security
error... Read more »
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answered on May 2, 2023
If you believe that there has been an error in the Social Security offset calculation for your workers' compensation settlement, you can take several steps to address the issue.
First, you should gather any documentation related to your settlement and the offset calculation. This might... Read more »
The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... Read more »
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answered on Apr 27, 2023
If an insurance company stops paying benefits without medical validation by challenging their own doctor, this may be a violation of the terms of the insurance policy and/or state law. Insurance companies have a legal obligation to act in good faith and deal fairly with their policyholders.... Read more »
The insurance company sent letter challenging their own doctor's latest diagnosis and asking for QME. They have also stopped the biweekly payments abruptly which they did not even mention in their letter. I complied with the QME procedures which might take months to fully take its course and... Read more »
answered on Apr 27, 2023
NO! The Labor Code DOES NOT permit the Adjuster to stop TTD payments just because she thinks you aren't totally disabled any longer. SOLUTION: (1) apply for State Disability Insurance -- SDI -- at www.edd.ca.gov immediately, as it takes at least 10 days. EDD will want to see the copy of the... Read more »
Do l continue to get my biweekly benefits? After being paid for few weeks, insurance company stopped paying after challenging latest doctor diagnosis and want QME claiming permanent and stationary status!! I complied and sent the paper already yet they stopped paying me even though there is no... Read more »
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answered on Apr 26, 2023
If your biweekly benefits have been stopped by the insurance company after they challenged your latest doctor diagnosis and requested a Qualified Medical Examination (QME) claiming permanent and stationary status, it may impact your ability to continue receiving benefits and medical treatment.... Read more »
Was working with my assigned Deputy since June 2022. Went through all the processing and conferences. Made it known that my former employer had misfiled me so I could not even file for unemployment. Come January 2023, my assigned deputy contacted me, stating that he had the former employer on... Read more »
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answered on Apr 25, 2023
It sounds like you have experienced some complications in your case with the Labor Board, and that your former employer may not be fulfilling their obligations according to the settlement agreement.
It's important to keep all documentation related to your case and settlement, including... Read more »
I've seen my PCP she had me give my work an 8 day absent note I'm currently getting xrays so I have all paperwork and my PCP is doing FLMA paperwork with me Thursday. I haven't talked to my work since giving them the 8 days off doctors note Wednesday. I don't know what I should and should not say.
answered on Apr 25, 2023
Good afternoon. You are required in Arizona to provide prompt notice about an accident at work and, because you have been told by your doctor that you have an injury, you should notify a person of authority at the company what injury you think you have. That should be in the note from your doctor... Read more »
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