Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: I was injured while at work and getting surgery, can I change shifts if so where can I find information to prove this

1 Answer | Asked in Workers' Compensation for Pennsylvania on Apr 27, 2015

Answered on Apr 27, 2015

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Timothy Belt's answer
There is nothing in the Workers' Compensation Act that requires an employer to change your shift to accommodate your school schedule or for any other reason. If your injury has been accepted through the proper document, whether or not you quit your job will not prevent you from receiving medical treatment; however, it could prevent you from receiving wage loss benefits. I would strongly suggest that you fully review your claim with a workers' compensation attorney in your area before taking...

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Q: my bladder mesh case was filed aI have a significant loss of learning ca do you think this case will settle out of court

1 Answer | Asked in Workers' Compensation for Pennsylvania on Apr 26, 2015

Answered on Apr 27, 2015

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Timothy Belt's answer
This does not sound like a workers' compensation case, but regardless if a complaint has been filed, I assume you have a lawyer. If so, your lawyer would be the best individual to ask in regard to whether your case is likely to settle.

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Q: Do I need a w-2 from workmans comp before I file my taxes this year?

1 Answer | Asked in Workers' Compensation for Florida on Jan 30, 2014

Answered on Apr 26, 2015

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Robert Jason De Groot's answer
Have you asked an accountant or your income tax preparer?

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Q: What is the process if I broke my hand while working I've had my job for 5 days

1 Answer | Asked in Workers' Compensation for Pennsylvania on Apr 24, 2015

Answered on Apr 25, 2015

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Timothy Belt's answer
The process is the same regardless of how long you have been employed. You need to report the injury to management or someone in human resources that is authorized to accept the report. You should report the injury as soon as possible, but you must report the injury within 120 days of the date of injury or your claim will be time barred. An incident report should be completed by the employer and you should be provided with a list of at least 6 medical facilities at which you are permitted...

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Q: IF A W/COMP JUDGE KNOWS THAT THE MEDICAL RECORD IS RIGHT BUT IT HAS NOT BEEN BEEN ENTERED INTO THE RECORD DO TO LAWYER?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Apr 21, 2015

Answered on Apr 22, 2015

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Timothy Belt's answer
I am not sure I understand your question. If you are asking whether new evidence can be admitted during the appeal to the WCAB, the answer is almost always no. If you are asking whether the WCAB may remand the matter back to the judge for the purpose of clarifying varies points that may require the submission of additional evidence, that is possible.

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Q: I work in Amazon and have a WC claim opened since January 2014 because of my hand. Can I open another claim for my back?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Apr 21, 2015

Answered on Apr 22, 2015

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Timothy Belt's answer
First, having an "open claim" with Amazon and having a claim that has actually been accepted by workers' compensation are not necessarily the same thing. Second, if you want to fill out an accident report, you should be allowed to do so. Third, if you do have an open workers' compensation claim, you should have been provided with a list of 6 providers you could treat with other than EMCARE. Furthermore, you only have to treat off the list for the first 90 days and then you can treat with...

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Q: My husband was covered by workers comp from Pennsylvia but we live in another state and want it held there. Who pays?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Apr 10, 2015

Answered on Apr 11, 2015

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Timothy Belt's answer
Workers' Compensation law is different in each state. You cannot just transfer a Pennsylvania claim to WV unless WV also has jurisdiction. In other words there must be sufficient connection between your husband's injury and WV to open a claim in WV. I would suggest that you talk to a WV lawyer to see if there is a bases for a claim in WV and how the benefits between PA and WV compare. If there is no bases for a claim in WV then you have a PA claim that will be heard in PA and governed by PA...

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Q: Hurt my back on the job, and receiving workers' comp. My employer wants me to come back to work, what do I do?

1 Answer | Asked in Workers' Compensation for California on Apr 9, 2015

Answered on Apr 10, 2015

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Bradley Jay Jones' answer
Your doctor not your employer decides when you should return to work. I suggest you contact a California workers' compensation attorney because the law differs from state to state. If your doctor has released you, even to light duty, and the employer is ready for your return in Montana you would need to return to work or risk losing your wage loss benefits in the future.

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Q: Is there a set precentage that an attorney can take out of your workmans comp settelment

1 Answer | Asked in Workers' Compensation for Montana on Sep 13, 2011

Answered on Apr 10, 2015

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Bradley Jay Jones' answer
Montana state law limits contingency fees to 20% in workers' compensation claims.

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Q: When your comp case is settled how many days do they have to issue your check and do weekends count ?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Apr 3, 2015

Answered on Apr 4, 2015

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Timothy Belt's answer
Payment should be issued within 30 days after the Judge's written decision. The written decision may not be the same day as the hearing, but it is normally issued within a week after the hearing date. Weekends count.

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Q: I have a work man comp claim for frost bit the insurance has not file and issue on the claim and the cons date.Has pass?

1 Answer | Asked in Workers' Compensation for Virginia on Feb 3, 2015

Answered on Mar 31, 2015

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Jan F Hoen's answer
It is not possible to answer your question without more information.

Has your employer reported the injury to the Commission?

Have you filed a claim for benefits with the Commission?

What was the date of injury?

Has it been accepted as compensble?

Has your employer been making voluntary payments?

You should consult an attorney if you have not done so.

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Q: I need fusion surgery on my back but I do not want the surgery. Can I settle the case and be compensated for my injury

1 Answer | Asked in Workers' Compensation for Virginia on Feb 17, 2015

Answered on Mar 31, 2015

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Jan F Hoen's answer
There is not enough information to answer your question.

Was there any third party that caused your injury?

Are you already under an award?

Do you have an impairment rating?

Have you been released to return to work?

Have you been marketing within your restrictions?

You should retain an attorney if you have not already done so.

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Q: Should I worry about a letter to return to work from my employer?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Mar 22, 2015

Answered on Mar 24, 2015

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Timothy Belt's answer
Since you have a lawyer, you should discuss this matter with him. There are many strategies that are utilized on both sides of a workers' compensation claim. Your lawyer is in the best position to let you know the significance, if any, of this development and how it should be addressed.

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Q: My case manager wants t o come to my next Dr apt. Is this allowed? I am able to say no to her when she ask to come to

1 Answer | Asked in Workers' Compensation for Pennsylvania on Mar 23, 2015

Answered on Mar 24, 2015

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Timothy Belt's answer
First you are you not required to cooperate with a nurse case manager. You can tell them not to call and specifically tell your doctor that they should not talk to the case manager. You are not required to allow them to attend your doctors appointments. You can say no.

That being said, case managers tend to provide unrepresented injured workers with legal opinions that are not accurate and they also try to bully the injured worker if they do not get there way. If you have a lawyer,...

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