Workers' Compensation Questions & Answers by State
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Workers' Compensation Questions & Answers
Q: After workers comp insurance accept your claim can they deny it 5 years later prior to any settlement?
Nancy J. Wallace's answer
'THEY ARE TRYING TO DENY MY CONTINUING CLAIM' needs some clarification. Does this mean you received a written notice the insurer now denies it is responsible for anything at all? Are you saying the insurer wrote it has no liability?
OR: are you trying to say when a doctor wrote a Request For Authorization for some medications, a Utilization Review company 'non-certified' your medication Rx?
People get confused and thing the entire claim is denied when the insurer refuses to...
'THEY ARE TRYING TO DENY MY CONTINUING CLAIM' needs some clarification. Does this mean you received a written notice the insurer now denies it is responsible for anything at all? Are you saying the insurer wrote it has no liability?
OR: are you trying to say when a doctor wrote a Request For Authorization for some medications, a Utilization Review company 'non-certified' your medication Rx?
People get confused and thing the entire claim is denied when the insurer refuses to...
Q: Can workers comp ask about previous worker comp cases that are closed?
Charles Candiano's answer
All prior WC claims MUST be reported because your employer is due a credit on ALL prior specific injuries to the same body part, except for spine, shoulders, and hips because they are all MAW injuries. That said, Settling a WC claim in Illinois without counsel will cost you, BIG TIME!
All prior WC claims MUST be reported because your employer is due a credit on ALL prior specific injuries to the same body part, except for spine, shoulders, and hips because they are all MAW injuries. That said, Settling a WC claim in Illinois without counsel will cost you, BIG TIME!
Q: 1st w/c settlement offer $175000 + $ aside for medical,should I take first offer? And can I take offer n get voc trainin
Eric Todd Kirk's answer
Q1. A -No. Q2. A- No. Unasked question: A- Yes, you should immediately consult with a seasoned worker's compensation attorney. There is simply no way to value, or explore the nuances of your case in this type of format. Many such attorneys offer free initial meetings.
Q1. A -No. Q2. A- No. Unasked question: A- Yes, you should immediately consult with a seasoned worker's compensation attorney. There is simply no way to value, or explore the nuances of your case in this type of format. Many such attorneys offer free initial meetings.
Q: Is it true that only workers 18 and older must get paid a higher wage when minimum wage increases?
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
California
on
Answered on Jul 25, 2017
Answered on Jul 25, 2017
Ali Ebrahimzadeh, Esq.'s answer
No. See: https://www.dir.ca.gov/dlse/faq_minimumwage.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
No. See: https://www.dir.ca.gov/dlse/faq_minimumwage.htm
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
Q: Defense deposed me in April, and now they are stalling for round 2 of deposition till Sep... can i petition to quash it?
Nancy J. Wallace's answer
You are permitted to submit a motion to quash to subpena commanding you to attend a deposition. Most depositions are not set by subpena. But if volume two of yours is, you would have to prove (not assert, actually prove) that the deposition would require travel of more than 100 miles, testimony under oath is an 'UNDUE" burden, this requires disclosure of protected trade secrets or protected information, or fails to include a reasonable amount of time in which to comply.
It is tough...
You are permitted to submit a motion to quash to subpena commanding you to attend a deposition. Most depositions are not set by subpena. But if volume two of yours is, you would have to prove (not assert, actually prove) that the deposition would require travel of more than 100 miles, testimony under oath is an 'UNDUE" burden, this requires disclosure of protected trade secrets or protected information, or fails to include a reasonable amount of time in which to comply.
It is tough...
Q: I was traveling down Highway 80 turning on 21 in Garden City and I slow down to make the left turn the container tilted
1 Answer
| Asked
in
Traffic Tickets and Workers' Compensation
for
Georgia
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
William Head's answer
First, you need to be talking to a lawyer, now.
Call Doug Andrews, in Savannah. He is highly experienced, and understands CDL license issues. 912-236-3020
Tell him William Head sent you.
First, you need to be talking to a lawyer, now.
Call Doug Andrews, in Savannah. He is highly experienced, and understands CDL license issues. 912-236-3020
Tell him William Head sent you.
Q: Is WC mandatory to partner with building association for car wash business?
Andy Wayne Williamson's answer
Due to the fact that you are using their property, I would say that the answer is most likely yes. I really cannot say for sure as I would need more facts.
I suggest that you speak with a business attorney in your area to get specific legal advice.
Due to the fact that you are using their property, I would say that the answer is most likely yes. I really cannot say for sure as I would need more facts.
I suggest that you speak with a business attorney in your area to get specific legal advice.
Q: Workmams Compensation Temporary Disability Question
Nancy J. Wallace's answer
Most Workers Comp judges take just the 52 weeks leading up to the injury, add up earnings and divide by 52. And you've described the adjuster did just this. The Labor Code says the adjuster is to use the 'Average' weekly wage. There IS case law permitting the judge to use other evidence in calculating what a fair and reasonable 'average' is in each claim.
So, if you wish to challenge the decision on the rate, you need to request an Expedited Trial on the Temporary Disability rate...
Most Workers Comp judges take just the 52 weeks leading up to the injury, add up earnings and divide by 52. And you've described the adjuster did just this. The Labor Code says the adjuster is to use the 'Average' weekly wage. There IS case law permitting the judge to use other evidence in calculating what a fair and reasonable 'average' is in each claim.
So, if you wish to challenge the decision on the rate, you need to request an Expedited Trial on the Temporary Disability rate...
Q: Is it common for attorney to rate claim after QME report in lieu of submitting to Dept of Ind Relations?
Nancy J. Wallace's answer
YES! There are free online rating programs and the attorney can rate it for a janitor or a care-giver or a cook and see if any are higher using a different part of the job... I still get a Consultative Rating from the Disability Evaluation Unit of the DEU. But if that State Rater only rates for a nurse's aide and it rates higher for a laborer or a cook, you won't find that out just going off of the DEU Consultative rating. PLUS the defense attorney will put in the figures that will rate...
YES! There are free online rating programs and the attorney can rate it for a janitor or a care-giver or a cook and see if any are higher using a different part of the job... I still get a Consultative Rating from the Disability Evaluation Unit of the DEU. But if that State Rater only rates for a nurse's aide and it rates higher for a laborer or a cook, you won't find that out just going off of the DEU Consultative rating. PLUS the defense attorney will put in the figures that will rate...
Q: Q: If I settled my workers comp case will my employer be directly financially effected? If so, how bad?
Nancy J. Wallace's answer
Employers sometimes get higher workers comp insurance rates when a claim is paid out. An employer may have to go to a new workers compensation insurer entirely, which takes time which is money. Self-insured and legally-uninsured employers pay the settlement directly. How bad? it depends on the payout.
Employers sometimes get higher workers comp insurance rates when a claim is paid out. An employer may have to go to a new workers compensation insurer entirely, which takes time which is money. Self-insured and legally-uninsured employers pay the settlement directly. How bad? it depends on the payout.
Q: Worker's comp is denying further treatment and nothing has been solved. What do we do?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Kentucky
on
Answered on Jul 21, 2017
Answered on Jul 21, 2017
David Alan Wolf's answer
Unfortunately, the worker's compensation system in most States limits care and is set up in the manner to save money rather than to provide reasonable and necessary care to injured workers. You need to speak to an attorney who will better advise you as to your rights, remedies, and recommended courses of action. While this forum is a good one for general advice, there is no substitute for having an attorney as your advocate on a worker's compensation case.
Unfortunately, the worker's compensation system in most States limits care and is set up in the manner to save money rather than to provide reasonable and necessary care to injured workers. You need to speak to an attorney who will better advise you as to your rights, remedies, and recommended courses of action. While this forum is a good one for general advice, there is no substitute for having an attorney as your advocate on a worker's compensation case.
Q: I am under Florida work comp. Do I have the right to refuse a specific treatment?
David Alan Wolf's answer
Under Florida Worker's Compensation rules and laws, there are restrictions and protocols for getting treatment. If treatment is denied, this may form the basis to pursue a remedy through an attorney against the carrier / employer. Maneuvering through the worker's compensation system can be quite complicated. Most worker's compensation attorneys will provide a free consultation. Contact a worker's compensation attorney to find out how to get the best treatment you can through the worker's...
Under Florida Worker's Compensation rules and laws, there are restrictions and protocols for getting treatment. If treatment is denied, this may form the basis to pursue a remedy through an attorney against the carrier / employer. Maneuvering through the worker's compensation system can be quite complicated. Most worker's compensation attorneys will provide a free consultation. Contact a worker's compensation attorney to find out how to get the best treatment you can through the worker's...
Q: Injured on the job in 2009 in TN, rec settlement/lifetime medical. Carrier in breech of L M. Can I sue employer ?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Tennessee
on
Answered on Jul 21, 2017
Answered on Jul 21, 2017
Peter Munsing's answer
Contact the lawyer you had. If you didn't have one, contact a member of the Tenn Assn for Justice who handles comp cases. This is not d.i.y. time.
Contact the lawyer you had. If you didn't have one, contact a member of the Tenn Assn for Justice who handles comp cases. This is not d.i.y. time.
Q: Was injured at work
Eric Todd Kirk's answer
Absolutely. If a doctor has determined that you have sustained a permanent injury pursuant to AMA guidelines, you are entitled to a monetary award, based on a number of factors, including the degree or percentage of impairment. One of the factors a court would determine in setting your award is the ways in which the injury impacts your personal life.
Absolutely. If a doctor has determined that you have sustained a permanent injury pursuant to AMA guidelines, you are entitled to a monetary award, based on a number of factors, including the degree or percentage of impairment. One of the factors a court would determine in setting your award is the ways in which the injury impacts your personal life.
Q: I have a small business with under 10 folks working for me, do I need workers' compensation insurance?
Joel Friedman's answer
YES. Arizona workers' compensation law requires any employer with at least one employee to obtain coverage. There are several options, and even though my practice on the representation of injured workers, I can offer some suggestions at a very reasonable cost. You can reach me directly at jfriedman@cruzfirm.com.
http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/23/00902.htm
http://www.azleg.gov/arsDetail/?title=23
YES. Arizona workers' compensation law requires any employer with at least one employee to obtain coverage. There are several options, and even though my practice on the representation of injured workers, I can offer some suggestions at a very reasonable cost. You can reach me directly at jfriedman@cruzfirm.com.
http://www.azleg.gov/viewdocument/?docName=http://www.azleg.gov/ars/23/00902.htm
http://www.azleg.gov/arsDetail/?title=23
Q: is it legal to put hidden camera in store main area in nj without business owner permision ?
1 Answer
| Asked
in
Consumer Law, Copyright, Personal Injury and Workers' Compensation
for
New Jersey
on
Answered on Jul 20, 2017
Answered on Jul 20, 2017
Q: My boyfriend injuried his head January 201 on the job. And the insurance company want even pay for medications
Jan F Hoen's answer
Your date is incomplete. Hopefully it is 2017.
If a Claim for Benefits has not already been filed with the VWCC, it should be. It must be filed within two years of the work accident or the claim will be barred forever.
Once filed, an order will be issued by the Commission and the employer's insurance carrier will be required to either accept or deny the claim.
If the claim is being contested, seek the advice of an experienced attorney who practices worker's compensation....
Your date is incomplete. Hopefully it is 2017.
If a Claim for Benefits has not already been filed with the VWCC, it should be. It must be filed within two years of the work accident or the claim will be barred forever.
Once filed, an order will be issued by the Commission and the employer's insurance carrier will be required to either accept or deny the claim.
If the claim is being contested, seek the advice of an experienced attorney who practices worker's compensation....
Q: Can I change treating doctors twice? I'm not happy with my treating doctor. The first one was through work.
S. Michael Graham's answer
You have the right to change TD only one time under the facts presented. You can get an additional change if you get your doctor to state he is unwilling to offer you additional treatment. Otherwise you will have to fall within a specific exception which is quite difficult. You should contact a qualified workers' comp attorney on the phone to discuss the specific details of your situation. Most lawyers will speak to you for free over the phone.
You have the right to change TD only one time under the facts presented. You can get an additional change if you get your doctor to state he is unwilling to offer you additional treatment. Otherwise you will have to fall within a specific exception which is quite difficult. You should contact a qualified workers' comp attorney on the phone to discuss the specific details of your situation. Most lawyers will speak to you for free over the phone.
Q: If my boss does t want to buy me hairnets after i already asked can he fire me for not wearing my hair in a ponytail?
1 Answer
| Asked
in
Employment Law, Workers' Compensation and Employment Discrimination
for
Illinois
on
Answered on Jul 20, 2017
Answered on Jul 20, 2017
Charles Candiano's answer
To answer the question, definitively, you MUST review the statute or rule. If employees are required to wear hats or hairnets, failure to do that may result in your dismissal, for cause. The ponytail may or may not be relevant. Refer to the statute or rule so that you will know the law.
To answer the question, definitively, you MUST review the statute or rule. If employees are required to wear hats or hairnets, failure to do that may result in your dismissal, for cause. The ponytail may or may not be relevant. Refer to the statute or rule so that you will know the law.
Q: Can I sue my company for not giving me a second opinion physician option?
T. Andrew Miller's answer
Yes you can take legal action to enforce your rights under workers comp law - your second opinion being one of those rights. Contact a workers comp lawyer to discuss your options. My office offers free consultations.
Yes you can take legal action to enforce your rights under workers comp law - your second opinion being one of those rights. Contact a workers comp lawyer to discuss your options. My office offers free consultations.
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