James G. Ahlberg's answer The impact of a disease on a workers' compensation injury can be complicated. Make sure the attorney handling your comp case is fully aware of the situation so he can handle it properly. If you don't have an attorney, you need to get one as quickly as possible.
Jan F Hoen's answer A contractor can be liable for the employee of an uninsured subcontractor as a “statutory employer”. Consult a worker’s compensation attorney with your case information for detailed advice.
James G. Ahlberg's answer Yes, it does. It is even better if you notify them via email or some other way that lets you prove later that you told them about the injury. They need to know (a)he's injured, (b)the general nature of his injury, (c)when it happened and (d)how his injury is connected to his work.
Dr. Peter Marc Schaeffer Esq.'s answer It all depends how you settled your claim years ago. If you got a lump sum settlement and closed the future medical then the answer would be most likely No. If you left your future medical open for the injured body parts...then the answer would be different. Any treatment though would have to be approved by the insurance carrier and treatment provided through their provider network MPN.
Joel Friedman's answer I'm not sure what you mean by "off the clock," and there are limited situations in which you may be covered for workers' compensation anyway. You can call me tomorrow at 602-687-9211 or 602-492-5311 after 1:00 p.m. because the validity of your claim will depend on the facts. Thank you
Nancy J. Wallace's answer You need to seriously think about a different treating physician; tendonitis is inflammation of the tendon. That's typically an overuse. So you went to a loser MD who found the tendon inflamed but -- since he's 'in bed' with the adjuster -- sent you right back to the duties that inflamed the tendon, so it will never, ever heal. AFTER you change to a REAL doctor on the insurer's MPN, then you need to seriously consider a new job. It's easier to find a job while you have a job. If you wait...
Ilene Stacey King's answer Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...
Nikki Mehrpoo Jacobson's answer If you are still qualified for temporary disability and the doctor has submitted the necessary forms/reporting to the insurance company, the insurance company must pay you an additional 10 percent of the payment, if the claims administrator sends a payment late.
This is true even if there was a reasonable excuse for the delay. However, there’s no penalty if the claims
administrator can’t determine, in the first 14 days after your employer learned about your injury, whether...
Nikki Mehrpoo Jacobson's answer Based on further facts, this may be a workers' compensation matter however you should definitely consult with an experienced workers' compensation attorney. Work injury lawyers provide free consultations and it could as simple as a phone call.
Terrence H Thorgaard's answer I don't know what this has to do with workers compensation, but the answer is yes: in the absence of an employment contract, your employer doesn't need a reason to fire you.
Dr. Peter Marc Schaeffer Esq.'s answer Absolutely it could be for any number of reasons one being that they don’t like talking to you or they feel that you are belligerent door in someway hostile and they don’t want to speak to you any further. Another reason possibly is that you have a lawyer and you’re not allowed to speak to the adjuster when you’re represented and they do you want you speaking to their lawyer. So to make a long story short if both sides have lawyers the lawyers talk to each other if the injured worker...
Dr. Peter Marc Schaeffer Esq.'s answer You have to generally be treating within the employer's medical provider network and all treatment requests need to approved by the insurance carrier Utilization review department.
Terrence H Thorgaard's answer You should ask this question in Justia › Ask a Lawyer › New Jersey › Workers' Compensation, because it concerns a matter of New Jersey law, not Florida Law. It appears to me that, by moving to reopen the case, you are reneging on the settlement and they have every right to stop making payments. But why don't you ask your attorney?
Nancy J. Wallace's answer TTD is due when a Primary treating PHysician on the MPN issues a report that says the injured worker is Temporary Totally Disabled... do you have THAT? Is there a written demand that the treating physician has declared you Temporarily Totally Disabled and you are due TTD Indemnity effective a certain date? IF SO then demand penalties pursuant to LC4620. If not, you need to get these items. It's possible the WCAB Judge might award TTD and 4620 penalties based on a QME report, but most...
Nancy J. Wallace's answer The 104-week limit on TEmporary Disability Indemnity apply to everyone. That said, your question indicates you have been working and not temporarily totally disabled. Therefore the 104-week 'clock' has not yet begun to 'tick', so to speak. The 104-week clock starts when you are issued your first Temporary Total Disability indemnity check by the workers comp insurer, yes even if you return to modified duty at some point thereafter. So if you got one TTD check in January 2016, then you...
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