Workers' Compensation Questions & Answers

Q: Workmans comp case approved for a year now but there is withheld disease out of the medical history. What do you

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Aug 14, 2018
James G. Ahlberg's answer
The impact of a disease on a workers' compensation injury can be complicated. Make sure the attorney handling your comp case is fully aware of the situation so he can handle it properly. If you don't have an attorney, you need to get one as quickly as possible.

Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Aug 13, 2018
Jan F Hoen's answer
A contractor can be liable for the employee of an uninsured subcontractor as a “statutory employer”. Consult a worker’s compensation attorney with your case information for detailed advice.

Q: My husband is in the hospital with injuries - it's okay if I report it to

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Aug 13, 2018
James G. Ahlberg's answer
Yes, it does. It is even better if you notify them via email or some other way that lets you prove later that you told them about the injury. They need to know (a)he's injured, (b)the general nature of his injury, (c)when it happened and (d)how his injury is connected to his work.

Q: I was injured on the job and treated through workmans comp. Years later I'm needing treatment for problems acquired from

3 Answers | Asked in Workers' Compensation for California on
Answered on Aug 12, 2018
Dr. Peter Marc Schaeffer Esq.'s answer
It all depends how you settled your claim years ago. If you got a lump sum settlement and closed the future medical then the answer would be most likely No. If you left your future medical open for the injured body parts...then the answer would be different. Any treatment though would have to be approved by the insurance carrier and treatment provided through their provider network MPN.

Q: I was hurt but it was off the clock - does that make a difference in my claim?

1 Answer | Asked in Workers' Compensation for Arizona on
Answered on Aug 11, 2018
Joel Friedman's answer
I'm not sure what you mean by "off the clock," and there are limited situations in which you may be covered for workers' compensation anyway. You can call me tomorrow at 602-687-9211 or 602-492-5311 after 1:00 p.m. because the validity of your claim will depend on the facts. Thank you

Q: I'm on light duty due to tendinitis. I was sent home after my productivity was criticized.

2 Answers | Asked in Workers' Compensation for California on
Answered on Aug 9, 2018
Nancy J. Wallace's answer
You need to seriously think about a different treating physician; tendonitis is inflammation of the tendon. That's typically an overuse. So you went to a loser MD who found the tendon inflamed but -- since he's 'in bed' with the adjuster -- sent you right back to the duties that inflamed the tendon, so it will never, ever heal. AFTER you change to a REAL doctor on the insurer's MPN, then you need to seriously consider a new job. It's easier to find a job while you have a job. If you wait...

Q: independent contractor or subcontractor for workman’s comp

1 Answer | Asked in Workers' Compensation, Construction Law and Insurance Defense for South Carolina on
Answered on Aug 9, 2018
Ilene Stacey King's answer
Are you a homeowner or property owner building a shed on your property, or are you in the business of building sheds? If building sheds something you do as part of your business, then you might be considered a general contractor. If you are a property owner hiring a company to build a shed for you on your property, and building sheds is not part of your business, then you are not a general contractor. If you are a general contractor and the sub does not carry workers' comp, then you have...

Q: The carrier accepted my claim been 30 days yet to pay any workers Compensation benefits ,

3 Answers | Asked in Workers' Compensation for California on
Answered on Aug 8, 2018
Nikki Mehrpoo Jacobson's answer
If you are still qualified for temporary disability and the doctor has submitted the necessary forms/reporting to the insurance company, the insurance company must pay you an additional 10 percent of the payment, if the claims administrator sends a payment late.

This is true even if there was a reasonable excuse for the delay. However, there’s no penalty if the claims

administrator can’t determine, in the first 14 days after your employer learned about your injury, whether...

Q: I tore a tendon in my foot trying to catch the elevator at//before work. Should comp or regular insurance cover this?

1 Answer | Asked in Workers' Compensation for California on
Answered on Aug 8, 2018
Nikki Mehrpoo Jacobson's answer
Based on further facts, this may be a workers' compensation matter however you should definitely consult with an experienced workers' compensation attorney. Work injury lawyers provide free consultations and it could as simple as a phone call.

Q: Can your job tell you that you have to resign or be demoted due to a relationship you are having with a co worker

1 Answer | Asked in Workers' Compensation for Florida on
Answered on Aug 8, 2018
Terrence H Thorgaard's answer
I don't know what this has to do with workers compensation, but the answer is yes: in the absence of an employment contract, your employer doesn't need a reason to fire you.

Q: Why would an claims adjsuter suddenly say that all further communication must be directed to his/her attorney?

2 Answers | Asked in Workers' Compensation for California on
Answered on Aug 6, 2018
Dr. Peter Marc Schaeffer Esq.'s answer
Absolutely it could be for any number of reasons one being that they don’t like talking to you or they feel that you are belligerent door in someway hostile and they don’t want to speak to you any further. Another reason possibly is that you have a lawyer and you’re not allowed to speak to the adjuster when you’re represented and they do you want you speaking to their lawyer. So to make a long story short if both sides have lawyers the lawyers talk to each other if the injured worker...

Q: On workman's comp, if your not satisfied with the treatments, can you go elsewhere and still be covered?

2 Answers | Asked in Workers' Compensation for California on
Answered on Aug 6, 2018
Dr. Peter Marc Schaeffer Esq.'s answer
You have to generally be treating within the employer's medical provider network and all treatment requests need to approved by the insurance carrier Utilization review department.

Q: If I reopen my workman's comp case, will I stop receiving my settlement checks?

1 Answer | Asked in Workers' Compensation for Florida on
Answered on Aug 5, 2018
Terrence H Thorgaard's answer
You should ask this question in Justia › Ask a Lawyer › New Jersey › Workers' Compensation, because it concerns a matter of New Jersey law, not Florida Law. It appears to me that, by moving to reopen the case, you are reneging on the settlement and they have every right to stop making payments. But why don't you ask your attorney?

Q: stepson is out on workmans comp the business is temp shut down due to fires. should he continue to be paid wrkmns com

2 Answers | Asked in Workers' Compensation for California on
Answered on Aug 4, 2018
Dr. Peter Marc Schaeffer Esq.'s answer
If he is still temporarily disable TTD it won’t matter if his employer is shut down or not he is still entitled to be paid his benefits

Q: What's the worst penalty for filing a fraudulent workers' compensation claim?

1 Answer | Asked in Workers' Compensation for New Jersey on
Answered on Aug 3, 2018
H. Scott Aalsberg Esq.'s answer
I thing that you will find that it is the criminal offense of insurance fraud and could result in jail.

Q: My vision is getting worse from being in front of the computer all day at work. Think I can file a WC claim?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Aug 3, 2018
Jerry Lutkenhaus' answer
In Virginia, losing vision due to constantly sitting in front of a computer would not be accepted as either a work place injury or an occupational disease.

Q: Sitting at a desk all day hurts my back. Does that count as a workplace injury?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Aug 3, 2018
Jerry Lutkenhaus' answer
In Virginia sitting at a desk all day would not count as a work place injury.

Q: What should I do if I suspect an employee of faking injuries on the job?

1 Answer | Asked in Workers' Compensation for Wyoming on
Answered on Aug 3, 2018
Steven R. Dwyer's answer
A good place to start will be contacting the Wyoming Department of Workforce Services

Workers' Compensation Division which can be reached at (307) 777-7441.

Q: The insurance carrier accepted my claim, it has been almost 30 days since they accepted my claim, I have yet to be paid.

2 Answers | Asked in Workers' Compensation for California on
Answered on Aug 1, 2018
Nancy J. Wallace's answer
TTD is due when a Primary treating PHysician on the MPN issues a report that says the injured worker is Temporary Totally Disabled... do you have THAT? Is there a written demand that the treating physician has declared you Temporarily Totally Disabled and you are due TTD Indemnity effective a certain date? IF SO then demand penalties pursuant to LC4620. If not, you need to get these items. It's possible the WCAB Judge might award TTD and 4620 penalties based on a QME report, but most...

Q: I was hurt in 2015 and currently work under modified duty for my Employer. Do the 104 weeks of Worker's Comp apply to me

3 Answers | Asked in Workers' Compensation for California on
Answered on Aug 1, 2018
Nancy J. Wallace's answer
The 104-week limit on TEmporary Disability Indemnity apply to everyone. That said, your question indicates you have been working and not temporarily totally disabled. Therefore the 104-week 'clock' has not yet begun to 'tick', so to speak. The 104-week clock starts when you are issued your first Temporary Total Disability indemnity check by the workers comp insurer, yes even if you return to modified duty at some point thereafter. So if you got one TTD check in January 2016, then you...

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