Workers' Compensation Questions & Answers by State
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Workers' Compensation Questions & Answers
Q: I am entitled to temporary partial disability?
Julie Swanberg's answer
Given that scenario, yes, you would be entitled to two thirds of the difference between your wages just before your injury and your wages now. Again, the 3-day waiting period (as it's called) applies.
Given that scenario, yes, you would be entitled to two thirds of the difference between your wages just before your injury and your wages now. Again, the 3-day waiting period (as it's called) applies.
Q: If I was injured and did not miss work, should I receive an admission of liability or denial from insurance co?
Julie Swanberg's answer
They don't have to file an admission of liability or a notice of contest unless you have lost the equivalent of 3 days or three shifts from work. If you are working fewer hours as a result of your injury, for example, if the doctor's restrictions say you cannot work as many hours as you used to, as soon as you accumulate 24 hours that you have not worked, that will trigger the insurance company's requirement to admit or deny liability. Presumably, you have kept track of how many hours fewer...
They don't have to file an admission of liability or a notice of contest unless you have lost the equivalent of 3 days or three shifts from work. If you are working fewer hours as a result of your injury, for example, if the doctor's restrictions say you cannot work as many hours as you used to, as soon as you accumulate 24 hours that you have not worked, that will trigger the insurance company's requirement to admit or deny liability. Presumably, you have kept track of how many hours fewer...
Q: I slipped going into a clients home, did not fall down, but put my arm up to try and keep from falling, all of my weight
James G. Ahlberg's answer
A workers' compensation insurer is allowed a limited time to review a case and determine whether to accept liability. If the facts are as clear as you say they are Iencourage you to contact a workers' compensation attorney ASAP.
A workers' compensation insurer is allowed a limited time to review a case and determine whether to accept liability. If the facts are as clear as you say they are Iencourage you to contact a workers' compensation attorney ASAP.
Q: What to expect at expedited hearing for temporary disability benefits.
Nancy J. Wallace's answer
An adjuster need not pay TTD when (1) they never received the Work Status report showing TTD status by an MPN Physician; (2) the physician reporting is no longer on the MPN so they can ignore his findings; (3) The claim is now denied in its entirety; (4) there are videos of the applicant working that the MPN doctor has not seen; (5) there is other credible evidence of the applicant working that the MPN doctor has not seen; (6) the AME finds the Applicant at Maximum Medical Improvement; and...
An adjuster need not pay TTD when (1) they never received the Work Status report showing TTD status by an MPN Physician; (2) the physician reporting is no longer on the MPN so they can ignore his findings; (3) The claim is now denied in its entirety; (4) there are videos of the applicant working that the MPN doctor has not seen; (5) there is other credible evidence of the applicant working that the MPN doctor has not seen; (6) the AME finds the Applicant at Maximum Medical Improvement; and...
Q: My wife was hurt first day on the job - she's still covered, right?
H. Scott Aalsberg Esq.'s answer
Yes she would be covered on the first day till the last day as long as she was working the course of employment.
Yes she would be covered on the first day till the last day as long as she was working the course of employment.
Q: I was hurt on an accident at work involving a bobcat workman's comp picked up I am still injured now that I am to head
1 Answer
| Asked
in
Employment Law, Personal Injury and Workers' Compensation
for
Arkansas
on
Answered on Oct 18, 2018
Answered on Oct 18, 2018
Peter Munsing's answer
Depending on what happened you may have a claim against the Bobcat manufacturer. As to the work issue speak with your attorney that handled your comp claim.
Depending on what happened you may have a claim against the Bobcat manufacturer. As to the work issue speak with your attorney that handled your comp claim.
Q: I reported a WC injury and was directed to call a company that takes care of our workers Comp claims. It is over the
Nancy J. Wallace's answer
Sadly, the injured worker IS NOT PAID for the first 3 days of temporary disability following a work injury! IF this injury causes you to lose more than 14 days of work as being found Temporarily Totally Disabled, only then does the adjuster owe you for the three days you lost following this injury. So for most people who are ordered off for 1 or 2 days then return to full duty, they are never paid for that lost time (or use up their personal leave or sick days).
Sadly, the injured worker IS NOT PAID for the first 3 days of temporary disability following a work injury! IF this injury causes you to lose more than 14 days of work as being found Temporarily Totally Disabled, only then does the adjuster owe you for the three days you lost following this injury. So for most people who are ordered off for 1 or 2 days then return to full duty, they are never paid for that lost time (or use up their personal leave or sick days).
Q: I was in an auto accident while delivering some equipment, I get paid mileage, am I covered under workers comp?
Michael O. Smith's answer
Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you should be entitled to workers compensation benefits.
I encourage you to speak with an experienced WC attorney. These claims are very fact driven and you will need to explain the details your...
Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you should be entitled to workers compensation benefits.
I encourage you to speak with an experienced WC attorney. These claims are very fact driven and you will need to explain the details your...
Q: I need anattorney that knows tribal law. I broke my foot at work. Workman comp denied my case. Morongo had me go out.
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
California
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Nancy J. Wallace's answer
I know of NO ONE who practices Workers Comp for injured workers on in Tribal jobs because it's hours and hours and hours of work for no money. You only get to see Tribal doctors, and those doctors write that the Tribe is not responsible or otherwise owes you no treatment and no money. Spread the word: never, ever work at an Indian Casino.
I know of NO ONE who practices Workers Comp for injured workers on in Tribal jobs because it's hours and hours and hours of work for no money. You only get to see Tribal doctors, and those doctors write that the Tribe is not responsible or otherwise owes you no treatment and no money. Spread the word: never, ever work at an Indian Casino.
Q: Can I file a petition for penalties?
Nancy J. Wallace's answer
You COULD try that, but most judges will refuse to award any penalty to an insurer exercising it's right to prove the claim is non-industrial at trial. You CAN take those reports, request a Trial, offer them to the judge at trial as evidence that the injury IS work=related, then you would have the Findings & Award of an industrial injury and then the insurer can no longer deny it.
You COULD try that, but most judges will refuse to award any penalty to an insurer exercising it's right to prove the claim is non-industrial at trial. You CAN take those reports, request a Trial, offer them to the judge at trial as evidence that the injury IS work=related, then you would have the Findings & Award of an industrial injury and then the insurer can no longer deny it.
Q: Can I recieve workers compensation if I dont believe my injury was an isolated incident?
Timothy Belt's answer
What you are describing is called a repetitive use injury and the date of injury would be the date reported or the last day worked. Repetitive use injuries are often but not always disputed by the workers' compensation carrier. If you are seeing a doctor be sure to inform the doctor of your belief that the injury is related to your job duties so that this is reflected in the medical records.
If you are going to seek workers' compensation benefits it is important that you clearly...
What you are describing is called a repetitive use injury and the date of injury would be the date reported or the last day worked. Repetitive use injuries are often but not always disputed by the workers' compensation carrier. If you are seeing a doctor be sure to inform the doctor of your belief that the injury is related to your job duties so that this is reflected in the medical records.
If you are going to seek workers' compensation benefits it is important that you clearly...
Q: My husband is in construction, working in amarillo, he came home and fell ill with a rare illness caused by environment
S. Michael Graham's answer
Hello:
I'm S Michael Graham. I'm sorry to hear your husband fell ill. In order to prove your accident is work related, you would need to get to a pulmonary specialist type doctor. A medical expert that can give an exact diagnosis. If he was working on an oil rig or at a specific location, you may be able to have the air tested. Without expert medical opinion stating it is more likely than not, he contracted the chemical at work, you cannot prove up the workers' comp injury. I will be...
Hello:
I'm S Michael Graham. I'm sorry to hear your husband fell ill. In order to prove your accident is work related, you would need to get to a pulmonary specialist type doctor. A medical expert that can give an exact diagnosis. If he was working on an oil rig or at a specific location, you may be able to have the air tested. Without expert medical opinion stating it is more likely than not, he contracted the chemical at work, you cannot prove up the workers' comp injury. I will be...
Q: Hello an Asbestos company filed bankruptcy years before my Dad who had worked there for over 25 years.
1 Answer
| Asked
in
Bankruptcy and Workers' Compensation
for
North Carolina
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Timothy Denison's answer
Check with the Class Action asbestos litigation rep in your area to see if you qualify for any remuneration.
Check with the Class Action asbestos litigation rep in your area to see if you qualify for any remuneration.
Q: Can part time employees get workers comp?
Mark A. Buterbaugh's answer
Yes. The fact an employee is full-time, part-time, or temporary doesn't matter. It certainly impacts the average weekly wage. However, if you are hurt at work, no matter how many hours you were, you are entitled to workers compensation benefits.
Yes. The fact an employee is full-time, part-time, or temporary doesn't matter. It certainly impacts the average weekly wage. However, if you are hurt at work, no matter how many hours you were, you are entitled to workers compensation benefits.
Q: I
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Car Accidents
for
Texas
on
Answered on Oct 11, 2018
Answered on Oct 11, 2018
Peter Munsing's answer
You have a claim for your injuries and lost wages. Contact a member of the Texas Trial Lawyers Assn for the County where it happened. They give free consultations.
You have a claim for your injuries and lost wages. Contact a member of the Texas Trial Lawyers Assn for the County where it happened. They give free consultations.
Q: Is my employer required to pay me to go to doctor visits? I don't think I will be out long enough for comp to pay me.
Mark A. Buterbaugh's answer
Generally, no they are not. If you have to attend an Independent Medical Exam by the insurance carrier, and drive yourself, then yes, they must reimburse you for that. The issue revolves around treatment is considered local. If treatment is available locally, then you are not entitled to reimbursement for travel expenses, except in extraordinary circumstances. “Locally” means less than 100 miles. That does not mean that you will get reimbursed if over 100 miles. There are specific...
Generally, no they are not. If you have to attend an Independent Medical Exam by the insurance carrier, and drive yourself, then yes, they must reimburse you for that. The issue revolves around treatment is considered local. If treatment is available locally, then you are not entitled to reimbursement for travel expenses, except in extraordinary circumstances. “Locally” means less than 100 miles. That does not mean that you will get reimbursed if over 100 miles. There are specific...
Q: Workman's Comp Deposition
Nancy J. Wallace's answer
if you must ask questions here instead of the firm you will be paying thousands, you need new counsel. There are wonderful firms in the bay area. You need a lawyer that answers your questions. YOU MAY 'dismiss' this attorney who won't speak with you and hire a new attorney. You will still pay the same 15% of the final award in attorneys fees. You need to do this before the next deposition.
if you must ask questions here instead of the firm you will be paying thousands, you need new counsel. There are wonderful firms in the bay area. You need a lawyer that answers your questions. YOU MAY 'dismiss' this attorney who won't speak with you and hire a new attorney. You will still pay the same 15% of the final award in attorneys fees. You need to do this before the next deposition.
Q: Qme and ptp both reported industrial and gave work restrictions.
Nancy J. Wallace's answer
You have not gone to Trial. IF you went to trial with those reports, the WCAB Judge would issue a finding that you WERE injured on the job. Until the court issues a Finding and Award, the insurer has no obligation to pay when it has denied all responsibilities for the injury.
You have not gone to Trial. IF you went to trial with those reports, the WCAB Judge would issue a finding that you WERE injured on the job. Until the court issues a Finding and Award, the insurer has no obligation to pay when it has denied all responsibilities for the injury.
Q: Can workers comp deny my claim of a broken bone when it was not broke before?
Jan F Hoen's answer
They can deny and you would need to file a claim for benefits.
I notice that your address is in MD.
If the injury occurred in Virginia, my website has a work injury guide that will assist you.
https://hamptonworkerscomp.com/
They can deny and you would need to file a claim for benefits.
I notice that your address is in MD.
If the injury occurred in Virginia, my website has a work injury guide that will assist you.
https://hamptonworkerscomp.com/
Q: I was working 2 jobs at the time I got hurt. I only got hurt on one job but was still working at another but restricted
Ilene Stacey King's answer
If you were working another job at the same time you were hurt on one job and miss time from both jobs due to your injury, you are entitled to be compensated based on your pay at both jobs. Your right to compensation starts when the authorized doctor writes you out of work or puts you at light duty and no light duty is offered. There is a 7 day waiting period where nothing is owed but after 14 days the right to compensation goes back to the first day written out. Most insurance companies wait...
If you were working another job at the same time you were hurt on one job and miss time from both jobs due to your injury, you are entitled to be compensated based on your pay at both jobs. Your right to compensation starts when the authorized doctor writes you out of work or puts you at light duty and no light duty is offered. There is a 7 day waiting period where nothing is owed but after 14 days the right to compensation goes back to the first day written out. Most insurance companies wait...
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