Workers' Compensation Questions & Answers

Q: Is it legal for work related interview from insurance company to interview coworker about your medical condition

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on Feb 18, 2017

See: https://equity.ucla.edu/wp-content/uploads/2016/06/Questions-to-Avoid-dfeh-161.pdf

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: A previously declared broken chair failed for me at work, I injured my SI, spine & head, can I proceed with negligence?

4 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Answered on Feb 18, 2017

Since this was a work-related injury, you are limited by law, with one possible exception, to a workers' compensation claim and have no right to sue the employer for negligence. The possible exception is if the "broken chair" had a design or manufacturing defect that led to the first break as well as the second break. You would need to promptly consult with a lawyer about this so that the lawyer could arrange for an examination of the chair by an engineer and preservation of the chair....
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Q: Will I get offer a settlement from workers comp?

1 Answer | Asked in Workers' Compensation for Tennessee on
Answered on Feb 17, 2017

Settlement offers are up to the party or attorney representing the party. It's not possible to predict what that person will offer.

I would think a lawyer could be of real help here. With that said, here is A Beginner's Guide to TN Workers' Compensation:

https://www.tn.gov/workforce/topic/wc-brochure

and a link to the State's information on the topic: https://www.tn.gov/workforce/section/injuries-at-work
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Q: Potential lawsuit?

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Illinois on
Answered on Feb 16, 2017

Ask Justia to take down your phone & name or you're likely to be trolled. Contact a member of the Illinois Trial Lawyers Assn who handles both comp and employment issues--they give free consults.
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Q: Are you allowed to file a lawsuit against your employer in the state of Florida? If you are a Federal employee?

2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Answered on Feb 16, 2017

May be a viollation of OSHA and hazardous workplace but generally federal comp is your ownly avenue if you were on the job. Why not call a member of the Florida Justice Association--they give free consults.
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Q: I was on my way to work just parked in a parking garage across the street from the place of my employment.

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Answered on Feb 16, 2017

The general rule is that "course and scope" of employment does not coming to or leaving work. However, as with all laws, ther are exceptions. Your case may very well be covered by the "access doctrine". You will be covered as soon as you arrive at work even if you are not on the clock. The question will be, whether the parking lot across the street counts as part of the employer's premises. If it does, then this is covered under your employer's workers' compensation policy. Also, just because...
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Q: City job can employer take employees tips and give them to non profits/not allow worker to accept tips they are given?

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for North Carolina on
Answered on Feb 15, 2017

If an employer is relying on the tip credit privilege to meet their minimum wage obligations, then the employer for itself cannot take an employees' tips.
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Q: Is there an attorney that i can use for mutiple reason.probate.realestate .workmanscomp.liscense .lawsuit

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Workers' Compensation for Texas on
Answered on Feb 15, 2017

It depends on the attorney. Some attorneys focus on multiple areas of the law, while others only focus on one or two. Good Luck.
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Q: I was a CDL driver when I was injured IN 2013 and am now returning to a driving career, I was given a wrongful reference

1 Answer | Asked in Workers' Compensation and Employment Law for Texas on
Answered on Feb 15, 2017

You may want to look at the settlement agreement you entered into with your old employer over the work related injury. It may include a "mutual non-disparagement" or require the old employer to give you a neutral employment reference.
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Q: My Uncle was permanently disabled on the job in CA, and his settlement required that all his medical treatment and care

1 Answer | Asked in Workers' Compensation for California on
Answered on Feb 15, 2017

You need to contact an experienced workers comp law firm or attorney to discuss these issues. Many issues would have to be reviewed such as whether your uncle is seeing an authorized physician and whether he is sending all the med reports and requests in writing to the insurance carrier. Best bet is to make an appointment with a Calif Workers Comp firm to review the case. We've taken many cases like this and litigated them to court to force the carrier to pay the med bills. Good luck
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Q: Can my employer have me sit in their office for 8 hrs. A day just so they don't have to pay work comp? I broke my leg

3 Answers | Asked in Personal Injury and Workers' Compensation for California on
Answered on Feb 15, 2017

The answer is Yes. If they are able to accommodate your restrictions they do not have to pay WC benefits. However if doing your restricted job duties you feel pain you can have a re-eval with doctor to further modify. In addition, if you do not agree with a doctor's determination you can object to his findings and request a PQME. I suggest you talk to a WC attorney ASAP. Remember we do free consultations and work on a contingency fee which means you do not pay anything out of pocket....
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Q: Sold all my structured settlement payments (25yrs worth) before the 2002 protection act, can I get them or some back?

1 Answer | Asked in Consumer Law, Personal Injury and Workers' Compensation for New York on
Answered on Feb 15, 2017

You can ask the holder of the structure for a statement of account, and can look at your wentworth paperwork, but generally the answer is no. Why not ask the lawfirm that set this up?

If you are over 21 the law assumes you have the right to contract with firms to sell away your money.
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Q: Scenario:Returned to light duty work, same position, pay & hours. How does this impact future wage loss or medical?

2 Answers | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Answered on Feb 15, 2017

You need to have it reopened. I suggest you contact a member of the Pa. Assn for Justice who handles workers compensation--they give free consults. If you need names give me a call.
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Q: I work in TX. I had personal leave days. I was told I had to use my leave 4 an injury on the job b4 WC to pay. True?

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Answered on Feb 15, 2017

You don't have to use the P days but they dont have to pay you for the first 5 days you are out. These are work/business days, days when you would be on shift.

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Q: I cut my thumb off about 5 to 5 1/2 months ago I was promised things and didn't go as planned am I still able to sue ?

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Answered on Feb 15, 2017

Yes and you may have a case with the manufacturer of the saw. Contact a member of the Texas Trial Lawyers Association who handles "product liability" cases as well as workers compensation. They give free consults.
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Q: I'm 37 years .disable .I receive SSA benefits but it is not enough for me and family. how much I can make a if I work

1 Answer | Asked in Workers' Compensation and Social Security for California on
Answered on Feb 13, 2017

All the earnings questions are answered nicely by the Social Security Administration at https://www.ssa.gov/oact/cola/rtea.html .
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Q: Had spinal fusion last year and recently hurt my back at work. Can I get denial turned around?

2 Answers | Asked in Workers' Compensation for Texas on
Answered on Feb 12, 2017

Surgery can be very expensive so you can expect a fight from the insurance carrier. You need to either hire a lawyer to help with your claim or ask DWC to appoint an ombudsman to assist you. Good luck.
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Q: I'm Trying to sue State Compensation Insurance Fund, they asked me to pay $5500!

1 Answer | Asked in Workers' Compensation for California on
Answered on Feb 12, 2017

Have a lawyer review the details of the case. Did you make an appearance in the suit against you? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce &...
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Q: FL-Does WC cover income loss from both jobs? Injured @ part-time job but couldn't work my full time job for 4 mo.

1 Answer | Asked in Workers' Compensation for Florida on
Answered on Feb 12, 2017

Chapter 440 will cover loss of concurrent income if documented and the information provided to the insurance carrier. You should consult a work comp lawyer to protect yourself. MLF
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Q: I was injured on a job over 10 years ago and I my doctor wrote me out 0% disabled with the possibility of surgery needed

1 Answer | Asked in Workers' Compensation for California on
Answered on Feb 11, 2017

You need to seek legal counsel with a competent Workers Compensation Attorney. If the matter was Stipulated with Medical Open for the Future, you will probably need to go through the insurance carriers Medical Provider Network of orthopedic doctors. However, most of them are not on your side so a good attorney should be able to get you connected to a good MPN doctor. Good Luck.
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