Workers' Compensation Questions & Answers by State
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Workers' Compensation Questions & Answers
Q: Can my attorney divulge confidential info about me/case after he withdraws?
1 Answer
| Asked
in
Workers' Compensation and Legal Malpractice
for
Virginia
on
Answered on Sep 29, 2016
Answered on Sep 29, 2016
Jerry Lutkenhaus' answer
An attorney is normally not allowed to divulge any client secrets to a third party. If the disclosure causes damages, then the lawyer could be sued for legal malpractice. In addition, this could be considered unethical practice and could lead to sanctions against the attorney by the Virginia State Bar Association.
An attorney is normally not allowed to divulge any client secrets to a third party. If the disclosure causes damages, then the lawyer could be sued for legal malpractice. In addition, this could be considered unethical practice and could lead to sanctions against the attorney by the Virginia State Bar Association.
Q: How long does it take to get a subsequent Injury hearing with workers compensation in maryland?
Andrew M. Rodabaugh's answer
The answer to this question can vary greatly depending on the location of the claimants residence, the hearing volume of the Maryland Workers Comp commission at the time of filing for the hearing, and other factors. In my experience I have seen Subsequent Injury Fund hearing set in as soon as three months and as long as 6 months. It is best to discuss your case with your current attorney.
Good luck at your hearing!
The answer to this question can vary greatly depending on the location of the claimants residence, the hearing volume of the Maryland Workers Comp commission at the time of filing for the hearing, and other factors. In my experience I have seen Subsequent Injury Fund hearing set in as soon as three months and as long as 6 months. It is best to discuss your case with your current attorney.
Good luck at your hearing!
Q: I turned in a letter of resignation then got injuried at work.......how does that affect my workers comp claim ?
Peter Munsing's answer
If you were on the job you were on the job. What it affects is your wage loss claim if you are unable to work. Consult a member of the Pennsylvania Assn for Justice--they give free consultations.
If you were on the job you were on the job. What it affects is your wage loss claim if you are unable to work. Consult a member of the Pennsylvania Assn for Justice--they give free consultations.
Q: I was injured at work the Thursday before Labor Day. I know I bumped my knees. That's all I'm aware that I did that
Timothy Belt's answer
You are potentially entitled. The Workers' Compensation Act in PA requires notice within 21 days to be covered for wage loss from day 1 or 120 days of the injury to be covered from the date of notice forward. Obviously you are well within either; however timely notice does not mean the employer is barred from disputing your claim. There are some red flags with your claim since it was not reported until the weekend and if you have Saturday off the employer could certainly argue that this may...
You are potentially entitled. The Workers' Compensation Act in PA requires notice within 21 days to be covered for wage loss from day 1 or 120 days of the injury to be covered from the date of notice forward. Obviously you are well within either; however timely notice does not mean the employer is barred from disputing your claim. There are some red flags with your claim since it was not reported until the weekend and if you have Saturday off the employer could certainly argue that this may...
Q: My company did not follow procedure And had me work on blocking That was contaminated With asbestos. What should I do.
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Massachusetts
on
Answered on Sep 17, 2016
Answered on Sep 17, 2016
Peter Munsing's answer
Make sure you find out who made the asbestos--if you can safely get a sample do that. You need to consult an attorney who handles workplace injuries and is a member of the Mass Academy of Trial Lawyers--they give free consults.
Make sure you find out who made the asbestos--if you can safely get a sample do that. You need to consult an attorney who handles workplace injuries and is a member of the Mass Academy of Trial Lawyers--they give free consults.
Q: Storm drain collapse trailer fell to one side. While being loaded. I injured my right tricep torn my muscle. Can i sew?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Tennessee
on
Answered on Sep 16, 2016
Answered on Sep 16, 2016
Peter Munsing's answer
Depends on who owns the property where the drain is. If it's your employer, chances are no, as the whole reason they set up the Workers Compensation was less to compensate workers than to get employers off the hook.
However if you were loading/unloading product at a plant owned by some company other than your employer, yes.
If the culvert/drain was recently installed, may be liability on whoever designed the way it was to be built, etc.you may have a case against them. So you...
Depends on who owns the property where the drain is. If it's your employer, chances are no, as the whole reason they set up the Workers Compensation was less to compensate workers than to get employers off the hook.
However if you were loading/unloading product at a plant owned by some company other than your employer, yes.
If the culvert/drain was recently installed, may be liability on whoever designed the way it was to be built, etc.you may have a case against them. So you...
Q: How long do an insurer have before they have to respond to my claim, after they chose further Investigation.
1 Answer
| Asked
in
Personal Injury, Workers' Compensation and Insurance Bad Faith
for
Virginia
on
Answered on Sep 15, 2016
Answered on Sep 15, 2016
Jan F Hoen's answer
Once a claim for benefits has been filed with the Commission, a 20-day order is issued requiring the employer to accept or deny the claim. Perhaps you have not filed a claim form yet. Consequential damages are not benefits which can be awarded by the Commission; only statutory benefits for medical costs, wages, and permanent injury to a body part. Your amputation is eligible for a lump sum award and you should seek counsel to assist you with seeking an award or settlement.
Once a claim for benefits has been filed with the Commission, a 20-day order is issued requiring the employer to accept or deny the claim. Perhaps you have not filed a claim form yet. Consequential damages are not benefits which can be awarded by the Commission; only statutory benefits for medical costs, wages, and permanent injury to a body part. Your amputation is eligible for a lump sum award and you should seek counsel to assist you with seeking an award or settlement.
Q: Great Toe was amputated as result a blood clot formed in my calf. What can I do?
1 Answer
| Asked
in
Employment Law, Personal Injury and Workers' Compensation
for
Virginia
on
Answered on Sep 15, 2016
Answered on Sep 15, 2016
Peter Munsing's answer
Hard to give you a rundown based on missing facts. You should contact a member of the Virginia Trial Lawyers Association who handles workers compensation and malpractice to discuss all aspects of your situation. They give free consultations. Not sure why you would lose your license. You have to ask for a modification of support. In the meantime, apply for medical assistance. You should potentially be able to file an unemployment claim as you are not out of work due to wilful misconduct. But...
Hard to give you a rundown based on missing facts. You should contact a member of the Virginia Trial Lawyers Association who handles workers compensation and malpractice to discuss all aspects of your situation. They give free consultations. Not sure why you would lose your license. You have to ask for a modification of support. In the meantime, apply for medical assistance. You should potentially be able to file an unemployment claim as you are not out of work due to wilful misconduct. But...
Q: i was injured a year ago.WC covered everything.Up until today, dr appts were on co. time.Suddenly, must take PTO. Legal?
3 Answers
| Asked
in
Workers' Compensation and Employment Law
for
Pennsylvania
on
Answered on Sep 14, 2016
Answered on Sep 14, 2016
Peter Munsing's answer
I believe it would be but you should contact an attorney who focuses their practice on workers compensation to be sure. Look for one that is a member of the Pennsylvania Assn for Justice. They give free consultations.
I believe it would be but you should contact an attorney who focuses their practice on workers compensation to be sure. Look for one that is a member of the Pennsylvania Assn for Justice. They give free consultations.
Q: On 8/10/16 my brother suffered from sever dehydration and a heat stroke while at work.
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation
for
Texas
on
Answered on Sep 13, 2016
Answered on Sep 13, 2016
Peter Munsing's answer
Contact a member of the Texas Trial Lawyers Assn who handles workers comp and construction site injuries. They give free consultations.
Contact a member of the Texas Trial Lawyers Assn who handles workers comp and construction site injuries. They give free consultations.
Q: How does a whole body impairment rating work in a md workers compensation case vs a body part impairment rating?
Andrew M. Rodabaugh's answer
20% whole person is 100 weeks of payment at the second tier. The payment amount depends on the year you were injured, your average weekly wage, and some other potential factors.
It is important to discuss this with your attorney because there are a number of legal factors to consider other than just the percentage such as industrial loss. If it were that easy than lawyers would not be needed.
whole person is 500 weeks potentially. there are different weeks for different body...
20% whole person is 100 weeks of payment at the second tier. The payment amount depends on the year you were injured, your average weekly wage, and some other potential factors.
It is important to discuss this with your attorney because there are a number of legal factors to consider other than just the percentage such as industrial loss. If it were that easy than lawyers would not be needed.
whole person is 500 weeks potentially. there are different weeks for different body...
Q: . In February. I hired workman's comp attorney. I got incarcerated 2/28
1 Answer
| Asked
in
Workers' Compensation and Employment Discrimination
for
Texas
on
Answered on Sep 10, 2016
Answered on Sep 10, 2016
Roy Lee Warren's answer
Yes, either hire another lawyer or seek help from a DWC ombudsman. It would help with hiring a lawyer if you request a waiver of any fees owed from your previous lawyer because if another lawyer is hired, your previous lawyer is paid first. Also, even though an ombudsman's "assistance" is free, most are not lawyers and are only obligated to assist you (only required to meet with you for 15 minutes prior to hearing) because they do not represent you. I have actually helped to train some...
Yes, either hire another lawyer or seek help from a DWC ombudsman. It would help with hiring a lawyer if you request a waiver of any fees owed from your previous lawyer because if another lawyer is hired, your previous lawyer is paid first. Also, even though an ombudsman's "assistance" is free, most are not lawyers and are only obligated to assist you (only required to meet with you for 15 minutes prior to hearing) because they do not represent you. I have actually helped to train some...
Q: I've developed carpal tunnel but I only work part time - does that affect my ability to collect workers comp?
Roy Lee Warren's answer
Not at all, it would only effect your amount of income benefits if you miss time because of the CTS. Assuming the CTS WAS CAUSED from repetitive trauma, make sure you have given notice to your employer because that is one of the common areas a IC will dispute, saying you did not give it notice within 30 days of the date of injury. When exactly is your date of injury, (rhetorical) not the date you first felt pain, but (most commonly answered by DWC) usually when a medical provider tells you your...
Not at all, it would only effect your amount of income benefits if you miss time because of the CTS. Assuming the CTS WAS CAUSED from repetitive trauma, make sure you have given notice to your employer because that is one of the common areas a IC will dispute, saying you did not give it notice within 30 days of the date of injury. When exactly is your date of injury, (rhetorical) not the date you first felt pain, but (most commonly answered by DWC) usually when a medical provider tells you your...
Q: I was a passenger in my company car and hit head on by a driver who crossed the center line and into our lane.
2 Answers
| Asked
in
Car Accidents, Personal Injury and Workers' Compensation
for
Pennsylvania
on
Answered on Sep 10, 2016
Answered on Sep 10, 2016
Timothy Belt's answer
You do not have to settle, and you are always free to fire your attorney and hire a new one. That being said, I believe it is always worth while to try to talk things out with your current attorney, but if you are not satisfied with the answers, you can always ask for your file and take it elsewhere.
You do not have to settle, and you are always free to fire your attorney and hire a new one. That being said, I believe it is always worth while to try to talk things out with your current attorney, but if you are not satisfied with the answers, you can always ask for your file and take it elsewhere.
Q: employer w/injured worker. Worker wants to perform beyond dr restrictions. is this ok? What would be our obligation?
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
Illinois
on
Answered on Sep 9, 2016
Answered on Sep 9, 2016
Robert D. Kreisman's answer
I would recommend that you as the employer comply with the doctor's restrictions even though the employee believes he or she is able to do more. If that's the case, the employee should be returning for a follow up visit with the doctor who may or may not then release the employee to full duty. In the meantime, follow the restrictions laid out by the treating or examining physician.
I would recommend that you as the employer comply with the doctor's restrictions even though the employee believes he or she is able to do more. If that's the case, the employee should be returning for a follow up visit with the doctor who may or may not then release the employee to full duty. In the meantime, follow the restrictions laid out by the treating or examining physician.
Q: I work for HEB and was recently injured on the job, i was wondering what kind of benefits i have or if i have a case?
1 Answer
| Asked
in
Employment Law, Personal Injury and Workers' Compensation
for
Texas
on
Answered on Sep 9, 2016
Answered on Sep 9, 2016
Peter Munsing's answer
Contact a member of the Texas Trial Lawyers Assn who handles workers comp--they give free consults.
Contact a member of the Texas Trial Lawyers Assn who handles workers comp--they give free consults.
Q: Management knowingly put my safety at risk in the work place. Can anything be done about it?
1 Answer
| Asked
in
Employment Law, Personal Injury and Workers' Compensation
for
Arizona
on
Answered on Sep 7, 2016
Answered on Sep 7, 2016
Peter Munsing's answer
You can file an OSHA report but that may give you bounce back at work. If you mean can you file an unsafe work practices case? Most states no. Workers comp is a law enacted to shield employers from claims, so the law doesn't give you much outside of it.
You can file an OSHA report but that may give you bounce back at work. If you mean can you file an unsafe work practices case? Most states no. Workers comp is a law enacted to shield employers from claims, so the law doesn't give you much outside of it.
Q: I feel like my medical privacy has been violated in the workplace. Just curious about my options.
1 Answer
| Asked
in
Medical Malpractice, Employment Law and Workers' Compensation
for
Wisconsin
on
Answered on Sep 7, 2016
Answered on Sep 7, 2016
Peter Munsing's answer
Generally, there are few remedies other than a slap on the wrist to the provider. Suggest you contact a member of the Wisconsin Assn for Justice that handles employment issues--they give free consultations.
Generally, there are few remedies other than a slap on the wrist to the provider. Suggest you contact a member of the Wisconsin Assn for Justice that handles employment issues--they give free consultations.
Q: Personal injury lawyer
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Arizona
on
Answered on Sep 6, 2016
Answered on Sep 6, 2016
Peter Munsing's answer
Whenyou asay WC attorney was that someone you went to? If you mean the adjuster, they work for the company. Sometimes they will try to steer you in the right direction but they know who pays their check. Contact a member of the Az Trial Lawyers Assn who handles workers compensation--they give free consultations.
Whenyou asay WC attorney was that someone you went to? If you mean the adjuster, they work for the company. Sometimes they will try to steer you in the right direction but they know who pays their check. Contact a member of the Az Trial Lawyers Assn who handles workers compensation--they give free consultations.
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