Workers' Compensation Questions & Answers

Q: My TTDs were stopped. Can the insurance company stop them whenever they want or is there a procedure they must follow?

1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Illinois on
Answered on Aug 24, 2016

Unfortunately, insurance companies can terminate temporary total disability (TTD) payments when they have information that you are no longer temporarily disabled or your employer is able to accommodate restrictions placed on you by your physicians.

In some situations, insurance companies will terminate TTD payments as a way of inducing petitioners back to work who may have been off for some time. If this is the case in your situation, you may wish to have your attorney file a motion at...
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Q: Can I claim Workmans Comp if involved in an car accident on company grounds prior to my shift starting?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Aug 23, 2016

The answer to your question will have a lot to do with the control which your employer had over the situation. For example, did your employer require you to park in a specific area? Even if your case is not compensable under workers compensation law, you can likely pursue a claim against your co-worker to recover compensation for your injuries and damage to your vehicle. You may wish to file a claim with his or her auto insurance company or retain a lawyer to do this for you.
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Q: what happens if I receive a bill that should have been paid by illinois workmen's compensation after the case is closed?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Aug 23, 2016

You should look the terms of your settlement contract. This will likely address who is responsible for past and future medical bills. If you were represented by a lawyer in the case, you may want to ask him or her about what can be done with the bill. Good luck.
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Q: I was injured in 2014, qualified for SSDI and my LTD insurance cut me off in April 2016. What recourse do I have?

1 Answer | Asked in Personal Injury, Insurance Bad Faith, Social Security and Workers' Compensation for Texas on
Answered on Aug 23, 2016

You have to appeal the Long term Disabiltiy cut off. Not sure why medicare isn't covering you--a good Medicare B would mean no deductibles. As to your auto, check and make sure that when you bought it you didn't purchase disability coverage. Even if you are sure you didn't, it sometimes happens you did.Talk to a member of the Texas Trial Lawyers Assn who handles long term care insurance issues.
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Q: My wife was injured while being a volunteer on an out of town school trip. Might she be covered by the school's WC?

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Answered on Aug 23, 2016

Generally no. However the school district would have a general liability policy with medical payments that might cover her if she was a volunteer, but generally it would need a separate policy covering volunteers. Many non profitrs that regularly use volunteers have them..If the unknown people who trampled your wife can be found to have been in the supervision of another group, then that group's liability policy could be responsible.
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Q: My trial was 3days away and the judge cancelled the trial but hes going to talk to lawyers at that time

1 Answer | Asked in Workers' Compensation for Arizona on
Answered on Aug 23, 2016

I understand your frustration and hope your attorney has by now updated you on the status of your case. I am, first of all, a little surprised that you were scheduled for hearing "only" six months after an injury, as the Industrial Commission rarely moves that quickly. Your lawyer should at least explain to you why the hearing was postponed (probably not canceled unless the case has been resolved), and especially whether it was the judge, your lawyer, or the insurance company lawyer, that...
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Q: I have a knee injury that now the surgeon is saying he dont think he can repair. what comes next?

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Aug 22, 2016

First, you can see a specialist of your own chosing. Second, with a serious injury you need to speak with a member of the Pa. Assn for Justice that handles workers compensation. They give free consultations. Call me if you need names of some. As far as settlement, until you know your longterm outcome, I'd suggest you hold off. When you do, as you will need medical, you don't want to sign off on medical payments. I'd suggest you contact the Office of Vocation Rehabilitation to know your work...
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Q: Got hurt on the job on 11/19/15. Got MRI , I have 2 herniated disc and sciatica ,was out of work for 4 months.

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Texas on
Answered on Aug 19, 2016

You may have a fight on your hands but you should still be entitled to benefits. I am not sure how anyone could tell you had been drinking from a telephone call but it appears you did the right thing telling them you could not come to work. As for termination, an employer can fire you for any reason, as long as it is not a "bad reason" such as the result of race or filing a wc claim.
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Q: I filed a workers' comp claim, but my employer wasn't paid up on the insurance. Now what?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Aug 19, 2016

First to be sure, call Texas Department of Insurance, Division of Workers Compensation, 1800 252-7031 and ask if your employer is covered. If the employer is not covered you have a PI claim.
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Q: If you are receiving workers comp and find out if you have cancer can the company stop your comp payments?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Aug 19, 2016

It could based on the fact your inability to work is solely the result of cancer and not your job injury. But that would be not only cold hearted, it would be difficult to prove the job injury has NOTHING to do with the disability.
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Q: I was injured at work 18 months ago. workman's comp was paying me monthly and we were in the process of a settlement

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Aug 19, 2016

This is a PA forum, but I see you are from FL. Assuming this is a PA claim, there is a fund that continues benefits when the carrier goes bankrupt. This may not be the case outside of PA.
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Q: I had an on the job injury then was fired the next month, what should I do

1 Answer | Asked in Workers' Compensation, Employment Discrimination and Employment Law for Pennsylvania on
Answered on Aug 18, 2016

If you were out on comp, then they can let you go unless the union agreement forbids. Suggest you contact a member of the Pa. Assn for Justice who handles workers compensation cases--they give free consultations.
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Q: DIAGNOSED W/PTSD BY WORK. COMP DR. 2 COURT APPT. DRS. HAD ROTATOR CUFF BACK &PLASTIC SURG CAN I FILE SS DISABILITY?

2 Answers | Asked in Constitutional Law, Employment Law, Social Security and Workers' Compensation on
Answered on Aug 18, 2016

Yes indeed, though you want to consujlt with your comp attorney--and get your medical records--for social security. The reason is that there is a workers comp offset for social security. You want to keep your workers comp medical benefits because they give you more extensive physical therapy than medicare does.
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Q: My husband was electrocuted and died on the job.

2 Answers | Asked in Wrongful Death and Workers' Compensation for Illinois on
Answered on Aug 17, 2016

I am very sorry. There may be a number of potential people to sue.You want to contact a member of the Illinois Assn for Justice who handles explosions and product liablity. They give free consultations. If you need help finding one let me know.

Generally you can't sue the employer if the person was a regular employee. That is covered by workers compensation.

However there are others involved for a lawyer to look at. Members of the Illinois Assn for Justice will also not charge...
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Q: one of the workers got injured, the worker are suing me what are options?

1 Answer | Asked in Workers' Compensation for New York on
Answered on Aug 17, 2016

If you have received suit papers you need to contact your general liability insurance and also get with an attorney who handles business litigation.Much will depend on certain facts which you don't want to get into on any website. As you can see there are some significant issues for you: http://www.wcb.ny.gov/content/main/Employers/noncompliancePenalty.jsp
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Q: are carpal tunnel injections related to work covered under workmens comp of do i pay myself off my benefits card?

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Answered on Aug 17, 2016

If related they should be. If you don't have an attorney contact a member of the Fla. Assn for Justice who handles workers comp=-they give free consultations.
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Q: I fell off a roof working for my former employer who was paying me tax free and I'm experiencing back problems

1 Answer | Asked in Workers' Compensation on
Answered on Aug 17, 2016

You need to contact a workers compensation who is a member of the Association for Justice in your state (google _______[name of state] Association for Justice) They give free consults.Do this as soon as possible.
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Q: Closed WC case. Claimant is treated for ongoing issues due to original injury. Is the WC carrier obligated to pay?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Aug 17, 2016

Possible. You need to contact your attorney. If you don't have one then look for a member of the Pa. Assn for Justice who handles workers compensation; they give free consultations.
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Q: Why is it so hard to hire a workers comp attorney in Texas?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Aug 16, 2016

Wow you seem to have significant injuries that were logically caused by your employment. As long as the employer has no defense (intoxication, horseplay...) you seem to have a viable case. The IC could allege "Act of God" (i.e. turbulence) however, I doubt that defense would work because as a "flight attendant" you are at a greater risk of being injured due to turbulence. But to the real crux of the problem, IW's lawyers are "seemingly" paid the same as IC lawyers but lets dig a little deeper...
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Q: I was out getting a sandwich on my lunch break and fell crossing the street on my way back to work.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Aug 16, 2016

Probably, its called the "personal comfort doctrine" when a person must do obvious tasks for their own comfort and well being it still falls within wc. The DWI Decision Manuel states: Personal Comfort Doctrine. To be compensable, an injury does not have to occur while the IW is actually performing work or some duty for the employer. Such an injury may be found compensable if it occurred while the IW was engaged in an activity to administer to his or her "personal comfort." The Supreme Court of...
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