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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Texas on
Q: In Texas mind you, my husband i believe fractured his tibia on the job back 20 years ago during college years.

This year it has started bothering him to the point he has to wrap it to stabilize the area to get through the day. He has contacted the state that has agreed to find his case and forward it to the insurance company since it is archived. The question is does he have to use his pto on his job now to... Read more »

Matthew B. Lewis
Matthew B. Lewis answered on Sep 18, 2020

As you seem to have figured out, medical treatment for a covered workers' comp injury in Texas is available for life. The only limiting factors with that are that it has to be reasonable and necessary, and the treatment has to be related to the compensable (covered) injuries.... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Can workmen compensation insurance deny your claim and not notify you?

I was denied wirkmen compensation for a third claim. Was never notofied by workmen comp the claim was denied . Insteaf I was forced into mediation relsasing thevworkmen comp insurance of all clailms. I was nevet sent a demial of claim in wtiting.

David Gantt
David Gantt answered on Sep 17, 2020

In NC, you can always request a hearing before the Industrial Commission (Workers' Compensation Court) on any disputes. Insurance companies are supposed to promptly respond with written answer to any WC notice of accidents, but are rarely penalized for failure to do so. Disputed claims are... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Hello! I am the only owner employee of a corporation operating in Maryland. Is workers' compensation required for me?

I'm getting conflicting advice from brokers, and have the exception form for officers, but want to make sure I am in the clear. Thank you!

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

An owner who is also an employee has an option under Maryland law to either pay for coverage or waive coverage so long as they own at least 20% of the company.

The relevant law is Labor & Employment Article §9-206.

While not legal advice, I hope this general information...
Read more »

3 Answers | Asked in Workers' Compensation for California on
Q: my workers comp attorney is not doing there job and is letting the other party stall and/or put things off

its been going on for sometime and i was promised x amount of money and so far i cant even get my out of pocket expenses paid back

Haleh Shekarchian
Haleh Shekarchian answered on Sep 16, 2020

You should make an appointment to meet with your attorney and ask him to explain why nothing is happening or you can consult anyone of us on AVVO for a free consultation.

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1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Boss left a letter on my desk saying I voluntarily resigned in a FB post and effective immediately leave. Was I fired?

The FB post was on my private personal account, it did not mention the business or anyone by name and my profile does not list where I work. I complained very angrily about her lack of enforcement on the mask mandates in the office and I did swear saying an A-hole customer was putting my health at... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 16, 2020

Ohio is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason (as long as the reason isn’t discriminatory). It sounds like you have been fired here based on what happened. As for unemployment, your employer can challenge... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: If a person has an open worker’s comp claim can your company let you go for good without completing the claim?

Person works for the airline industry and is being let go as part of airline cutbacks.

Nancy J. Wallace
Nancy J. Wallace answered on Sep 14, 2020

Yes, sadly, having an ongoing workers comp claim is no guarantee that you won't be laid off. That said, if the person with the open claim is the ONLY ONE laid off, that is likely a violation of Labor Code 132a. But you have to prove the true reason you were let go was the employer... Read more »

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was denied sick time because I need to be scheduled on the day I was sick. Is that right?

I requested a few days off for a minor surgery just over a month ago. It was denied because they say i have to be scheduled on the days I want off in order to get paid sick time. At the time I first requested the days the schedule wasn't made yet.

Joel Friedman
Joel Friedman answered on Sep 9, 2020

This is not a workers' compensation issue, it's related to your employment. You will need to find an attorney who accepts employment benefits cases and, in the meantime, you may want to ask your employer for a copy of any employee handbook or manual that has information about your leave... Read more »

3 Answers | Asked in Workers' Compensation for California on
Q: I sustained a work injury and I went to the doctor he sent me back with restrictions job can't accommodate i was put on

Oc leave i don't know what that is or if i will be paid

Haleh Shekarchian
Haleh Shekarchian answered on Sep 9, 2020

If your employer can not provide you with modified work then the insurance company has to continue paying you temporary disability payments. Contact anyone of us on Justia for a free consultation ASAP.

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2 Answers | Asked in Workers' Compensation for Maryland on
Q: I’ve received workman’s over a year in MD but now haven’t had a weekly payment in over 3 weeks. Is that legal?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Sep 5, 2020

There could be a Few reasons why your check may have stopped. Best advice I can give is to contact an attorney who who handles Maryland Workers Compensation cases.

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Q: Is it legal that Facebook are the Assignee of a patent that I'm his inventor, and I never gave my permission to them?

I used to work in a start-up that was bought by Facebook, but I didn't continue working there after the company was merged into Facebook, I refused to their relocation offer, and I never gave my permission for any IP I created in the start-up to be used by them. Now, Years after, I see that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 27, 2020

This question cannot be answered properly here on Justia because the facts are to thin. Suggest you contact a patent attorney and pay them to advise you.

1 Answer | Asked in Workers' Compensation for California on
Q: I won my case after 4 1/2 years I was awarded back money and expect the remainder by check twice a month.

how can i get a breakdown from adjustor WC on the remains of my award? My attorney is not responding to my questions, I cannot contact the WC advisor as I have an attorney? can you help?

Nancy J. Wallace
Nancy J. Wallace answered on Aug 21, 2020

Sorry, from just this, nobody can know.

Did a WCAB judge make a Finding and Order that you were Temporarily Totally Disabled with a start and stop date?? If not, no Temporary Disability payments are due.

Did a WCAB Judge make a Finding and Order that you have a certain percentage...
Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I work for a lawnscaping company in Gainesville, FL. I have been there for 5 months and I see that the lawnscaping company isn't p

August 13th, 2020 I was using a weed-eater at a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 19, 2020

Your exclusive remedy is workers compensation. File a claim with your employer's workers compensation carrier.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Hi. In Illinois, how is unemployment pay calculated after a person comes back from 6 months of worker’s compensation?
Charles Candiano
Charles Candiano answered on Aug 18, 2020

As though you were unemployed for 6 months.

1 Answer | Asked in Workers' Compensation for Florida on
Q: if your out on workers comp getting paid can your employer pay you on top of that?
Mitchell Feldman
Mitchell Feldman answered on Aug 18, 2020

If you mean you are receiving disability wages and receiving pay so being paid more than you are owed or would receive if working or just on disability then there would be an error on either the employer or Insurance company’s part.

Another good reason you should retain a lawyer.

1 Answer | Asked in Workers' Compensation for New York on
Q: can insurance company decide not to settle comp claim after they accepted responsibility

my husband is retired

Tim Akpinar
Tim Akpinar answered on Aug 15, 2020

It would be best for a workers' comp attorney to answer your question, but your post remains open for two weeks. The fact that they "accepted responsibility" sounds like it could mean they accepted coverage for a claim under a policy, as WC isn't generally based on... Read more »

2 Answers | Asked in Employment Discrimination and Workers' Compensation for California on
Q: Is my employer retaliating and/or discriminating against me?

March ‘18 my manager sexually harassed me. I didn’t report it until August ‘19 due to fear of retaliation and because I’m male and felt no one would listen. I reported it after speaking to a therapist about it. My employer investigated but closed the case without any findings and left it as... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 14, 2020

You need the assistance of a couple of good lawyers. First, you need a Worker's Compensation attorney to handle your work related injuries. Secondly, you need an experienced attorney who knows how to handle discrimination and harassment cases. You described a classic harassment case, and you... Read more »

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1 Answer | Asked in Employment Law, Workers' Compensation and Small Claims for Ohio on
Q: My workplace shorted me on my check it's been a week later and I have still not heard about any updates

I informed payroll, HR, and management the day I got paid That my check was short. I call everyday to ask for updates everday they tell me they are working on it and have to wait for the owner's approval to give me a check. They owe me 1300$ that supposed to be on my regular paycheck.

Kyle Anderson
Kyle Anderson answered on Aug 14, 2020

Hi. I would wait to hear what payroll, HR, and management say. Does missing that portion of your pay put you below the minimum wage? Is the check for any overtime you worked during the pay period? If so, you may have a claim. But I would try to resolve this internally since you are still working... Read more »

4 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Florida on
Q: Is my employer retaliating against me or doing anything else that is unlawful?

N/A

Maurice Mandel II
Maurice Mandel II answered on Aug 14, 2020

Your post seems to come from Florida, we have different laws in CA, but you are covered under the ADA, everywhere. It is very difficult to respond to your inquiry because you do not say whether you can perform all the essential functions of the job with or without a reasonable accommodation, and... Read more »

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2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Filed a wage claim For owed overtime wages through labor board, and now ex employer wants to settle by paying me $3000.

She is thinking of filing for bankruptcy, should I settle or is there another way to get what I’m owed?

Maurice Mandel II
Maurice Mandel II answered on Aug 13, 2020

If your former employer is really considering filing for BK, the quicker you get the money in your bank, the better off you will be. Cannot evaluate the claim because you did not say how much you asked LC for. The LC claim could become just another claim in BK and you would get a fraction of its... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: My question is about worker's compensation.

Over the last few years I've been injured at work 3 times and filed a workers comp claim for 2 of them (first and third). For those 2, my boss had me cancel each claim and say that I didn't need the benefits anymore. He wanted me to do this so his number of processed claims and insurance... Read more »

Neil Klingshirn
Neil Klingshirn answered on Aug 13, 2020

You are entitled to your last two paychecks.

Although it is not entirely clear that an agreement to waive workers compensation claims is enforceable, that is what your employer entered into. Specifically, your employer agreed to pay for (some) wages and medical costs if you did not file a...
Read more »

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