Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: my comp rate is 525.00 I missed 8 days out of work. What is owed to me for that one day?

1 Answer | Asked in Workers' Compensation for Georgia on Sep 25, 2014

Answered on Jul 3, 2015

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Julie A. Rice's answer
From what you have provided, I am making the assumption that you make $ 105.00 a day before taxes. If you missed 8 days of work then you may be entitled to $ 840.00 dollars (105 x 8), but no guarantee that you will get that much if they are dispute your workers compensation claim. If you earn 525.00 a day then you would be owed that amount times 8 less any amounts that are capped as lost wages. If you have a serious injury, then you should hire competent legal counsel who can work through...

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Q: I have an open wc claim in GA. I am able to work regular hours, but getting physical therapy. Can I quit my employer?

1 Answer | Asked in Workers' Compensation for Georgia on Oct 20, 2014

Answered on Jul 3, 2015

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Julie A. Rice's answer
This is a question that you should address with the workers comp. insurance company. If you do not trust the insurance company to give you an honest answer, then it is time to hire an attorney to look at all the facts in your case. For example, you may be entitled to a lump sum payout so that you are done with them and they are done with you. With an attorney, you can explore all your options.

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Q: How long does WC have to approve my surgery ?

1 Answer | Asked in Workers' Compensation for Georgia on Oct 24, 2014

Answered on Jul 3, 2015

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Julie A. Rice's answer
If you are not getting a timely response or approval from the wc insurance company on something as serious as a surgery, then it is time for your to hire an attorney to get the ball rolling. You also have a duty to move things along in your case and not just wait for the insurance company to make the first move (i.e. you have a duty to mitigate your damages) and if you don't and your condition gets worse from waiting, then the court could ultimately reduce what you would have gotten b/c you...

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Q: In Georgia do you have to pay workers comp if you work by the hour and if so is it 16% for a house painter

1 Answer | Asked in Workers' Compensation for Georgia on Dec 5, 2014

Answered on Jul 3, 2015

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Julie A. Rice's answer
Your question is somewhat confusing b/c I can't tell if you are the employer or the employee. If you are the owner of the company with x employees, then you will be required to obtain workers compensation insurance. The more insurance you obtain, the more coverage you have to protect you in the event of a claim. If you are a sub-contractor, then you may also be required to carry workers comp. for anyone who works under you. The percentage of workers comp will depend on how much coverage you...

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Q: How long do employers in Georgia have to retain an employee's workers' compensation records?

1 Answer | Asked in Workers' Compensation for Georgia on Dec 15, 2014

Answered on Jul 3, 2015

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Julie A. Rice's answer
Most likely at least 7 years in case the co. is audited by the IRS in which case they would need this documentation. In some cases, it might be longer such as under the terms of a private workers compensation insurance plan.

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Q: I am the business owner and receive a paycheck for being the GM. Am I eligible to collect workers comp?

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

Answered on Jul 2, 2015

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Timothy Belt's answer
That depends on your WC policy. You should have had an option to not insure yourself in exchange for a lower rate. If you took this option, you are not eligible to collect workers' compensation. If you did insure yourself for workers' compensation benefits, then you should be eligible.

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Q: Do j have to sit in a room in order to be paid? And sibce i had my surgery they dont want to pay my is that aloud

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jun 30, 2015

Answered on Jul 1, 2015

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Timothy Belt's answer
If you are being provided with work within your restrictions, including sitting in a room, you either perform the job or risk having your benefits suspended for failure to perform suitable work. Clearly the employer is playing games and trying to get you to quit. If you have not already done so, you should seriously consider contacting an attorney.

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Q: I was injured on the job in Oct 2014. Surgery in January 2015 for repair shoulder. WC wage loss benefits since surgery.

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jun 30, 2015

Answered on Jul 1, 2015

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Timothy Belt's answer
Unfortunately, workers' compensation does not provide any form of job security or requirement that your employer take you back when you are better. For the time being, your wage loss benefits will continue, but expect the insurance carrier to seek to terminate your benefits in the near future. If you are not 100%, you may want to revisit work restrictions with your doctor since it would be more difficult for the insurance carrier to stop your benefit so long as your doctor has you on work...

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Q: Do i have tell them where im going to work when i sign off WC

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jun 28, 2015

Answered on Jun 29, 2015

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Timothy Belt's answer
If you are no longer receiving benefits due to a termination of your benefits or a Compromise and Release Agreement, you have no obligation to inform the workers' compensation carrier regarding where you plan to return to work.

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Q: I fell while rushing up stairs and injured my hand. Work Comp is denying because I cannot say what caused me to fall.

1 Answer | Asked in Workers' Compensation for Georgia on Sep 15, 2014

Answered on Jun 27, 2015

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Julie A. Rice's answer
If you were injured at work, then you should be entitled to WC benefits. If your benefits are being denied, then you should seek the assistance of an attorney who specializes in workers compensation law in GA for clarification about why your benefits have been denied and if the benefits have been denied for a reason that is no legal, then your attorney can appeal the decision and move forward with your case on your behalf.

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Q: Fell 20 from building had broken tibiax2 broken fibia x1 they done surgery put tibial rod in..been receiving W/c check

1 Answer | Asked in Workers' Compensation for Georgia on Nov 4, 2014

Answered on Jun 27, 2015

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Julie A. Rice's answer
You should talk to your current attorney to find out the status of your payments and notify her/him that payments have stopped and that you need clarification in the situation.

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Q: If their is mold in your workplace, how do you go about getting help ?

1 Answer | Asked in Workers' Compensation for Georgia on Jun 26, 2015

Answered on Jun 27, 2015

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Julie A. Rice's answer
You can contact OSHA to see if they will investigate to determine if the workplace is in a condition that is against OSHA regulations.

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Q: If I see non panel Dr & get surgery, can I receive w.c. benefits after 90 day?

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

Answered on Jun 27, 2015

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Timothy Belt's answer
The 90 days regarding treatment with panel physicians only applies to payment of medical bills, so the fact that you get the surgery performed by a physician not on the panel would not directly impact your entitlement to wage loss benefits. However, you could be personally responsible for the cost of the surgery assuming that your employer has complied with all requirements pertaining to the physician panel. Since this cost could easily be thousands if not tens of thousands, you may want to...

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Q: My lawyer sent a offer to workman comp they told him they were not giving out settlements what do that mean

1 Answer | Asked in Workers' Compensation for Georgia on Nov 14, 2014

Answered on Jun 26, 2015

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Julie A. Rice's answer
Most likely this means that the settlement offer was denied. The insurance company may have made a counteroffer to settle your case so you should be in touch with your attorney to determine the status of your case.

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Q: Was injured at work. Had surgery. Was on comp 3 mo. Back to work for 11 mo. Have an attny.

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jun 25, 2015

Answered on Jun 25, 2015

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Timothy Belt's answer
You can settle at any time, but settlements are voluntary, so both sides need to agree on a number. Furthermore, in most cases as part of the settlement you will be asked to resign your current job, and finding another one with ongoing limitations could be difficult. You are correct that your return to work will potentially reduce settlement value. This of course depends on how badly the workers' compensation carrier wants to get rid of your case and whether they believe that you will go...

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Q: should I be receiving Workman comp I fracture my talus of ankle while working. been out of work for six months

1 Answer | Asked in Workers' Compensation for Pennsylvania on Jun 25, 2015

Answered on Jun 25, 2015

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Timothy Belt's answer
Obviously this is a disputed claim or you wouldn't have gone to court. When a claim has to be litigated it can take a year or more from the time that the petition is filed until a decision is received. During that time period, if benefits are disputed you would not be receiving workers' compensation. The fact that the lawyers are trying to work out a deal is a good thing, but even when both sides want to resolve a claim, it doesn't always work out. If you want a more specific answer in...

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Q: if I have a ongoing case . They found me totally irreparable and I have been collecting weekly but trying to get a quic

1 Answer | Asked in Workers' Compensation for Georgia on Dec 12, 2014

Answered on Jun 24, 2015

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Julie A. Rice's answer
In order to make sure that you receive enough money for your work injury and to cover you for the future, you should consult with an experienced workers compensation attorney. The employer and the workers compensation insurance company are going to try and give you the least amount of money as possible especially if they think, or know, that you are desperate for a quick settlement.

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Q: I was told by human resources after I reported a injury too see my family doctor now I can't use work comp dr

1 Answer | Asked in Workers' Compensation for Georgia on Feb 10, 2015

Answered on Jun 24, 2015

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Julie A. Rice's answer
If your injury is serious enough that you need surgery, then you should have an experienced workers compensation attorney assist you at this point so that your rights are protected and neither your employer or the workers' compensation insurance company can take advantage of you. There are strict time limitations in these cases as well as very specific rules so it best to consult with a workers compensation attorney as soon as you can.

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Q: Can a employer force you back to work while on workers comp?

1 Answer | Asked in Workers' Compensation for Georgia on Mar 6, 2015

Answered on Jun 24, 2015

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Julie A. Rice's answer
The employer can offer you light duty. If you don't already have an attorney, then you should consider hiring legal counsel to protect your best interests so that you are not going back to work to soon after your injury. This can all be negotiated, but don't expect your employer or the workers' compensation insurance company to look out for your best interests as that is your responsibility and if you aren't sure then an experience workers' compensation attorney can lead the way.

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Q: If the your case worker is on social media bashing guys and constantly using the derogatory N word. What or your options

1 Answer | Asked in Workers' Compensation for Georgia on Mar 7, 2015

Answered on Jun 24, 2015

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Julie A. Rice's answer
If you have the option to obtain a different case worker, then that is a good option. If not, then you could bring it to the case workers attention and see if this stops. There is not always a clear remedy for what people do outside of the work place on social media. It is, no doubt, bad taste for your case worker and possibly a violation of company policy.

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