Workers' Compensation Questions & Answers by State
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Workers' Compensation Questions & Answers
Q: Can an Employer threaten your job for requesting to file an on the job injury, i work for the post office
Roy Lee Warren's answer
They absolutely cannot terminate your job for filing a wc claim. However you could lose your job if your injuries prevent you from being able to perform your job, but that would be true whether you filed a claim or not. Also once you told the supervisor about your claim (s)he must file the claim, and should not try to persuade you not to file. File your claim.
They absolutely cannot terminate your job for filing a wc claim. However you could lose your job if your injuries prevent you from being able to perform your job, but that would be true whether you filed a claim or not. Also once you told the supervisor about your claim (s)he must file the claim, and should not try to persuade you not to file. File your claim.
Q: Can a judge force me to seek legal counsel when I am indigent?
Timothy Belt's answer
A workers' compensation judge cannot force you to get a lawyer. He can strongly suggest this is in your best interest, and if you attempt to settle your case without a lawyer, he can find that you do not understand the full legal significance of the agreement and refuse to approve it.
I see that you have spoken to a few workers' compensation lawyers and they have not been willing to represent you. I would suggest you talk to a few more. The simple truth is your odds of success in...
A workers' compensation judge cannot force you to get a lawyer. He can strongly suggest this is in your best interest, and if you attempt to settle your case without a lawyer, he can find that you do not understand the full legal significance of the agreement and refuse to approve it.
I see that you have spoken to a few workers' compensation lawyers and they have not been willing to represent you. I would suggest you talk to a few more. The simple truth is your odds of success in...
Q: Can the WC attorneys stop benefits if the case has an award and the claimant was determined to be permanently disabled?
T. Andrew Miller's answer
Yes - benefits can be suspended for all sorts of reasons that don’t make a lot of sense if you aren’t an expert in this area. WC won’t stop trying to save money on your husband’s case. Best to consult with an experienced lawyer so you can know what your rights and responsibilities actually are.
Yes - benefits can be suspended for all sorts of reasons that don’t make a lot of sense if you aren’t an expert in this area. WC won’t stop trying to save money on your husband’s case. Best to consult with an experienced lawyer so you can know what your rights and responsibilities actually are.
Q: I was getting workmen now they are stopping it but my doctor said on this paper my condition is permanent and stationary
Nancy J. Wallace's answer
It all depends on what this doctor wrote about you. If this doctor wrote you can resume all preinjury duties, you should be back on the job ASAP. If he wrote you have permanent work restrictions, you take his writing on those permanent restrictions to Human Resources and request a permanently modified job. If he wrote something inaccurate or untrue or left out body parts or problems, you object and get a Qualified Medical Evaluation -- QME -- with a better doctor. and because you have no...
It all depends on what this doctor wrote about you. If this doctor wrote you can resume all preinjury duties, you should be back on the job ASAP. If he wrote you have permanent work restrictions, you take his writing on those permanent restrictions to Human Resources and request a permanently modified job. If he wrote something inaccurate or untrue or left out body parts or problems, you object and get a Qualified Medical Evaluation -- QME -- with a better doctor. and because you have no...
Q: Unpaid Medical Bills
Glenn Neiman's answer
Assuming you had an attorney represent you in the settlement (and this is yet another reason everyone should seriously consider doing so), call your attorney. If you did not have an attorney, yes, you may need to litigate this issue. Either way, you may need to consult with an attorney, whether your previous one or another, to see what options you have.
Assuming you had an attorney represent you in the settlement (and this is yet another reason everyone should seriously consider doing so), call your attorney. If you did not have an attorney, yes, you may need to litigate this issue. Either way, you may need to consult with an attorney, whether your previous one or another, to see what options you have.
Q: Injured on job, workers Comp, unit closed, we were let go, should I have been fired?
T. Andrew Miller's answer
Difficult to answer based on what was written. Contact an experienced attorney to understand all your rights.
Difficult to answer based on what was written. Contact an experienced attorney to understand all your rights.
Q: Does my employer have to reinstate me into the exact position as when I was hurt?
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation
for
Kentucky
on
Answered on Apr 9, 2019
Answered on Apr 9, 2019
Timothy Denison's answer
As long as your pay is the same, they can put you in any position they need you in.
As long as your pay is the same, they can put you in any position they need you in.
Q: Travel is done on my own time and compensated with $20 per diem for traveling steel/iron worker?
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Construction Law
for
California
on
Answered on Apr 4, 2019
Answered on Apr 4, 2019
Neil Pedersen's answer
There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a rate that is at or more than the minimum wage except for normal commute time. You must also be reimbursed an amount that reasonably approximates your actual expenses in using your own vehicle and being...
There are a lot of facts and documents that would need to be known to give a definitive answer. Union membership and collective bargaining agreement provisions would need to be known. Generally, without a CBA that might be allowed to modify the law in general, you must be paid for travel at a rate that is at or more than the minimum wage except for normal commute time. You must also be reimbursed an amount that reasonably approximates your actual expenses in using your own vehicle and being...
Q: Petition of Joinder
Nancy J. Wallace's answer
If you really and truly 'just want it to be over' you could write to the judge and withdraw the claim form and application and pay the doctors who treated you, but I suspect that isn't the plan. What will happen next?? If it is a denied claim, you need to get your medical evidence together to prove the injury did occur on the job as you have claimed, and that typically requires a Qualified Medical Evaluation. Joining another employer does NOT start a claim 'over', nothing ever starts a...
If you really and truly 'just want it to be over' you could write to the judge and withdraw the claim form and application and pay the doctors who treated you, but I suspect that isn't the plan. What will happen next?? If it is a denied claim, you need to get your medical evidence together to prove the injury did occur on the job as you have claimed, and that typically requires a Qualified Medical Evaluation. Joining another employer does NOT start a claim 'over', nothing ever starts a...
Q: GA catastrophic w/c case WC 207 violation or not?
1 Answer
| Asked
in
Workers' Compensation and Health Care Law
for
Georgia
on
Answered on Mar 29, 2019
Answered on Mar 29, 2019
T. Andrew Miller's answer
Unfortunately, the answer is yes based on what you’ve written here. There’s an entire team essentially working against your best interest in the name of saving money. Get an experienced workers comp attorney on your team so you can know your rights and options. Otherwise they will just keep doing as they please and taking advantage.
Unfortunately, the answer is yes based on what you’ve written here. There’s an entire team essentially working against your best interest in the name of saving money. Get an experienced workers comp attorney on your team so you can know your rights and options. Otherwise they will just keep doing as they please and taking advantage.
Q: My husband was injured at work and is on workers cop. He has not been able to drive. Who should have to pay for a taxi?
Stephen Douglas Lombardi's answer
The employer and its workers' compensation insurer are responsible for transportation costs for medical appointments. They are not otherwise required to provide transportation.
The employer and its workers' compensation insurer are responsible for transportation costs for medical appointments. They are not otherwise required to provide transportation.
Q: Claims admin stoppedTD payments after QME report of significant limitations,5% WPI and ppd.
Domingo Castillo Jr's answer
I highly recommend you get a Workers Comp attorney. You simply fell into the trap of thinking you could get a “reasonable settlement” without a Workers comp attorney. Look around for a Calif workers comp attorney that has experience! Good luck!
I highly recommend you get a Workers Comp attorney. You simply fell into the trap of thinking you could get a “reasonable settlement” without a Workers comp attorney. Look around for a Calif workers comp attorney that has experience! Good luck!
Q: I recently filed a DOR at the WCAB and I forgot to mail off a copy to the insurance company what should I do?
Ronald Mahurin's answer
Because there was a petition for reconsideration filed by defendants, the case is stayed until the WCAB make a decision. Most likely the case will not be taken off calendar, but the WCJ will not do anything more than take the case off calendar at the hearing. Best approach is to write the court saying there is a petition for reconsideration and request that the court date be cancelled. It will save you a trip to court. Because of the Recon, your DOR is irrelevant.
Because there was a petition for reconsideration filed by defendants, the case is stayed until the WCAB make a decision. Most likely the case will not be taken off calendar, but the WCJ will not do anything more than take the case off calendar at the hearing. Best approach is to write the court saying there is a petition for reconsideration and request that the court date be cancelled. It will save you a trip to court. Because of the Recon, your DOR is irrelevant.
Q: can the doctor's office make a workers comp patient pay the bill if they didn't get paid from workers comp ins.?
Terrence H Thorgaard's answer
Yes, the doctor provided the service to you, not to the worker's compensation carrier or to the employer.
Yes, the doctor provided the service to you, not to the worker's compensation carrier or to the employer.
Q: Does my employer have a legal right to attend my workman's comp. Dr's appointment?
Joel Friedman's answer
No, your employer is not permitted to attend your actual medical appointments. The insurance company can hire a nurse case manager to help coordinate medical care but even that person does not have to be allowed in the room with you and your doctor(s). Feel free to call, no charge, to review more specifics. 602-687-9211 office
No, your employer is not permitted to attend your actual medical appointments. The insurance company can hire a nurse case manager to help coordinate medical care but even that person does not have to be allowed in the room with you and your doctor(s). Feel free to call, no charge, to review more specifics. 602-687-9211 office
Q: Maci is a waitress at a bar.b She is required to be at the bar promptly at 5:45 for a pre-staff meeting.
Douglas Lee Bryan's answer
Generally, someone is not entitled to worker's compensation benefits if injured traveling to or from work. While there are some exceptions to the rule, your scenario does not appear to apply to any of them.
Generally, someone is not entitled to worker's compensation benefits if injured traveling to or from work. While there are some exceptions to the rule, your scenario does not appear to apply to any of them.
Q: When should you be offered regular part time?
2 Answers
| Asked
in
Employment Law, Workers' Compensation and Employment Discrimination
for
California
on
Answered on Mar 15, 2019
Answered on Mar 15, 2019
Neil Pedersen's answer
Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct....
Those labels are completely at the discretion of the employer. There is no law that requires an employer to make people regular or full time or part time, etc. The employer creates the categories for various reasons and the employer has the discretion to change those labels as well, as long as the employer is not engaging in unlawful discrimination by making such decisions based on your membership in a protected class of people or because you engaged in some form of legally-protected conduct....
Q: do I have to use my total accrued vacation up prior to collecting workers compensation? My employer says I do. Help.
Timothy Belt's answer
You do not have to use your vacation time to receive workers' compensation, but your employer can force you to use your vacation time while you are receiving workers' compensation. If you have been out of work for more than a week for your work injury you would be entitled to workers' compensation wage loss benefits. However, there is no law in Pennsylvania that restricts your employer from also making you use vacation time while you are out of work, but you should receive both after the...
You do not have to use your vacation time to receive workers' compensation, but your employer can force you to use your vacation time while you are receiving workers' compensation. If you have been out of work for more than a week for your work injury you would be entitled to workers' compensation wage loss benefits. However, there is no law in Pennsylvania that restricts your employer from also making you use vacation time while you are out of work, but you should receive both after the...
Q: I have a work related injury from 2016 I had surgery and also suffer from arthritis this has not only taken a toll on
Dr. Peter Marc Schaeffer Esq.'s answer
This is a qualified NO... if it is found to be a compensable consequence of the work injury, and your doctors prescribe psychological treatment and or medications work comp will pay for it generally but they will not allocate further disability to the psyche condition. this has been the law since 2013.
This is a qualified NO... if it is found to be a compensable consequence of the work injury, and your doctors prescribe psychological treatment and or medications work comp will pay for it generally but they will not allocate further disability to the psyche condition. this has been the law since 2013.
Q: I had a work related injury in 2016 on my foot which in resulted in a surgery and doctor rated me 13% disability
3 Answers
| Asked
in
Employment Law, Personal Injury and Workers' Compensation
for
California
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
William John Light's answer
If you already have an attorney, it would be unethical for other attorneys to communicate with you about your case. If you don't trust your attorney, you should get another one.
If you already have an attorney, it would be unethical for other attorneys to communicate with you about your case. If you don't trust your attorney, you should get another one.
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