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Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Can you sue employer for getting covid from not providing a safe workplace from recognizable hazards?

My fiances work had a covid exposure so everyone had to get tested. They made them return to work without seeing the results and more employees tested positive thus resulting in further exposure. Is this something that can be taken to court for those who test positive because the employer did not... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jul 8, 2020

First, your fiance would need to test positive for COVID, or another employee would want to sue. In every lawsuit, you must prove the four following things: duty, breach, causation, and injury. Your fiance's employer has a duty to provide him with a safe workplace. The question will become if... Read more »

1 Answer | Asked in Workers' Compensation for Rhode Island on
Q: I recieved a letter in the mail saying affidavit of physician per section 28-33-8(c) Rhode Island compensation

I don’t know what the letter means I had surgery done already but need another surgery with no garuntee of it being 100 percent but I am having another surgery on my left ankle again

Neville Bedford
Neville Bedford answered on Jul 6, 2020

Talk to your attorney in confidence. If you do not have an attorney, find one as soon as you can. They can help you navigate this process and advocate for your rights.

2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Q: Hello, I was attacked at work and got bitten, I’m a CNA. I want file for emotional distress/pain and suffering.

Is this possible I wanted to get advice on how to approach this

Timothy Belt
Timothy Belt answered on Jul 5, 2020

I am sorry to hear of your injury. Assuming this is a Pennsylvania case, your potential benefits would likely be confined to workers' compensation which would only cover related wage loss and related medical bills. If you suffered a psychological injury as a result of this attack, treatment... Read more »

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1 Answer | Asked in Workers' Compensation for Florida on
Q: I have lifelong workers' comp benefits. If I receive money from an inheritance, will I lose or have to repay benefits?

And does it make any different if the money is inherited directly or if it's in a trust for me?

Mitchell Feldman
Mitchell Feldman answered on Jul 5, 2020

No you will not. However you should discuss your options for a lump sum settlement in the Worker’s Compensation case with an attorney. If you die or become disabled because of another accident or injury or simply pass on there’s no value in the case is over. Plus you can settle now and reap the... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: What do I do if a doctor says they cannot do anything for my work related back I jury
Richard Alan Jaffe
Richard Alan Jaffe answered on Jun 29, 2020

I am sorry to hear you are having problems with your back from a work-related injury.

Unfortunately, your question does not provide enough information for me to respond. If you are treating with your primary care physician and he is telling you this because he does not want to treat a...
Read more »

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1 Answer | Asked in Workers' Compensation for South Carolina on
Q: Will I still get paid , in the state of South Carolina, if I call out of work due to pain from a light duty assignment?

I fell at work. I have a sprained wrist and shoulder. Also injured my knee. All on my right side. My Doctor put me on restricted duty. I also have to start PT and OT.

Ilene Stacey King
Ilene Stacey King answered on Jun 28, 2020

No. You are unlikely to be paid workers comp benefits for calling in sick due to pain. You are entitled to be paid weekly benefits under SC workers' comp only if a doctor writes you completely out of work or places you at light duty and your employer fails to provide work within your... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: What information do I have a right to request during a workers comp investigation and how long do they have to comply?

My supervisor was interviewed in the course of my workers comp claim investigation, do I have a right to request a summary or the recorded audio of that interview and if so, how long does my employer or the insurance company have to comply with my request for that interview? What other information... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Jun 22, 2020

You don't have the right to the "work product" of the defense investigator/attorney UNLESS it is submitted to the reporting doctor for review and comment. YOU can set deposition of the supervisor, but you have to pay the court reporter hundreds for the original and a certified copy... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can a worker’s compensation claim in CA be open/valid if the employee has not filed or signed anything?

Does a works compensation claim go into effect the moment that I inform my employer of an injury and their paperwork is filed with the insurance company and before I even file my paperwork or sign any sort of documentation? And despite my not having filed a claim form or signing any other documents... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 20, 2020

There is absolutely nothing unlawful about your employer or its workers compensation insurance company and claims administrator immediately starting to investigate a claim of workplace injury once it is reported. If you have concerns about the insurer's actions, your best move is to hire a... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Workers' Compensation and Business Law for Montana on
Q: I am owed wages from my previous employer, instead of paying, they've threatened to kill me, can i sue?

I was getting paid by company check, then started being paid in cash. I asked about it and was threatened with physical harm and when i reported the threats my hours were cut and haven't been paid for my last 5 weeks of work. Each time, I'd call I'd be given excuses and then i... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 18, 2020

Hi, the Fair Labor Standards Act requires you to be paid at least the minimum wage for all hours worked. If you worked any overtime, you would also be entitled to that as well. I would reach out to an employment law attorney in your state to discuss options.

1 Answer | Asked in Workers' Compensation for Missouri on
Q: If an attorney deliberately leaves out medical records to prove your case, what do you call that? Malpractice?

Just found out my attorney didn't obtain any medical, physical therapist and CT Scan records that shows 3 herniated discs in my back. He's settling my case at 7.5% and said, I have to pay over $8000 in medical bills out of pocket bc employer's insurance didn't approve for me... Read more »

Scott Andrew Wilson
Scott Andrew Wilson answered on Jun 18, 2020

We cannot give you legal advice since you are currently represented by an attorney. You should schedule a meeting with your lawyer and ask him these questions, before you agree to settle your case. The choice to settle is yours and yours alone to make, but your lawyer should answer your questions... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: Workman's Comp is now working with my attorney and WC Judge to come to a settlement. This is a four year situation.

my question (my attorney is out of town and not available to answer this question... Any. the case is about to be

settled. I was just informed by an x-co worker, that the company that this accident happened. WAS SOLD ON

FRIDAY! Will this effect the settlement outcome in any way?... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Jun 16, 2020

only your attorney can provide you legal advise and information about your specific case. you will need to set an appointment to address your concerns with your attorney.

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1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Q: For the past two months or so I’ve not been payed my proper commission from Pepsi Mid America. I don’t know what to do.

They have told me they needed time to get to the bottom of this issue, but as I stated before it’s been roughly two months. I have a wedding soon and frankly I don’t have two months to be missing close to 500 on every paycheck. My base pay is 550 before taxes a week and my area sales manager... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 11, 2020

More information is necessary to analyze your situation. Do you have an employment agreement that includes your base pay and commission structure? You should contact an employment attorney in your area to discuss this issue. An attorney can assist with communicating with your employer to ensure... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for West Virginia on
Q: Does a person need to go back to work 100 days after surgery
R. Joseph Kramer
R. Joseph Kramer answered on Jun 10, 2020

It all depends on the circumstances. In Illinois, where I am licensed, if your doctor has not cleared you to return to work then you should not go back to work. If the doctor has told you that you may resume work, you would not be entitled to any additional compensation for the time you spent off... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Maine on
Q: can i sue an employer outside of workers comp for permanent tbi injuries and shoulder surgery with permanent injuries

I have gone through workers comp court and somehow the judge did not hold the employer responsible for this injury. The employer admitted responsibility for shoulder injury but denied responsibility for head injury which was all part of the same fall on work property that was covered in ice and... Read more »

Anthony K. Ferguson
Anthony K. Ferguson answered on Jun 10, 2020

You are unable to sue your employer for your head injury because under Maine law an employer is immune from liability outside of any worker's compensation benefits you may be entitled.

Assuming that your employer is not the owner of the property where the injury occurred, you may have...
Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: I was injured in a car accident while working in 1993 and had mutilple fractures. Filed a claim was off for

For 2 1/2 months. Was released by a dr in a different town who told me that I would need surgery in the future. I eventually had to have the surgery last year.

Can I file on an old claim?

S. Michael Graham
S. Michael Graham answered on Jun 10, 2020

If you filed your initial claim with the Division of Workers' Compensation in Texas and the specific injury is part of your work related injury, you have coverage for life for the work related injuries. This might be difficult to prove up but in theory you would still have a valid claim.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Washington on
Q: Should I file EEOC and sue?

My employer cut my hours and days due to my "negative energy" aka my depression. It has never affected me with my clients but my coworkers were "concerned" and told my manager who the district leader told her to cut my hours without talking to me before doing so.

Kyle Anderson
Kyle Anderson answered on Jun 10, 2020

I would recommend reaching out to an employment attorney in your state for a consultation. Your depression may qualify as a disability under the Americans with Disabilities Act, so an adverse employment action (pay cut, termination, etc.) taken on the basis of your depression may be unlawful.

Q: I'm a civilian federal employee for the USAF, how can the FAA pay its employees more in the same career field as me?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

Probably because the USAF and the FAA are legally not the same employer; neither is any other federal agency the same as the FAA or the USAF. FYI: Every federal agency employer is different from all others; and the military civilian corps is completely different than that of any federal agency.

2 Answers | Asked in Workers' Compensation for California on
Q: Do I have to accept what they offer?

If work comp just sends me a settlement check with no communication at all, do I have to accept it or can I negotiate the amount? How do they figure what the points are worth? How do they put a price on the loss of use of a body part?

Ronald Mahurin
Ronald Mahurin answered on Jun 6, 2020

Workers compensation insurance carriers are required by statute to make payments when specific events happen, for example you are found TTD, or MMI. The statutes require the carrier make a good faith effort to pay PD at the end of TTD if you are not working. So the check might not be a settlement... Read more »

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4 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: If I become handicapped from my job and I habe a spinal cord injury and I'm in pain everyday and can never work again.

Is there anything I can do to sue for mental distress . my Employer took advantage of me and worked me to the core because I am Mexican. It doesnt sound right to just get a 132a case. I will never be the same. They purposely broke me down.

Neil Pedersen
Neil Pedersen answered on Jun 4, 2020

It is difficult to give you a helpful answer without knowing much more. There is a very bright line drawn that says any workplace injuries you suffer, even emotional distress, that is caused in the workplace must be handled within the workers compensation system. There are very limited exceptions... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Massachusetts on
Q: Need help with work related injury !!!

i broke my middle toe moving some PT lumber by hand, happened the 26th, nothing was done at work, 27th too much pain, smoked recreational marijuana for pain, 28th woke up with toe black, went to work to show them i was going to ER, now they want statement and drug test, 36 hours after, its now 3rd... Read more »

Jeffrey Young
Jeffrey Young answered on Jun 3, 2020

It is not clear from your question if you have already been to an Emergency Room. If not, then you should go. If you have and they want you to see an orthopedic or podiatrist then you should call one and try to make an appointment. It is very difficult to see anyone now with the virus issues. They... Read more »

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