Workers' Compensation Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Workers' Compensation Questions & Answers
Q: Does Virginia require an examination by their drs to close a workers comp case.
Jerry Lutkenhaus' answer
I am not sure it is usual. However, if they are offering you free examinations by a neurologist and a neuropsychologist, I would certainly attend these exams to make sure you don't have any further problems due to the accident. Your daughter can charge mileage to and from these exams at 55.5 cents per mile. She can decline but I would talk this over with an experienced workers compensation lawyer first before she did this.
I am not sure it is usual. However, if they are offering you free examinations by a neurologist and a neuropsychologist, I would certainly attend these exams to make sure you don't have any further problems due to the accident. Your daughter can charge mileage to and from these exams at 55.5 cents per mile. She can decline but I would talk this over with an experienced workers compensation lawyer first before she did this.
Q: Can a QME Dr out of the blue ask for a re-evaluation without the consent of either lawyer on both sides?
Nancy J. Wallace's answer
If you really feel your lawyer is not serving you, you need (1) a face-to-face to give her an opportunity to clearly and quickly demonstrate she is on your side and working in your best interests...and if she cannot do so soon and easily, then (2) dismiss her and 'substitute' in a new attorney you trust. This person is going to get Thou$and$ of your money! The direct answer to the question is 'no' the QME never just independently decides he must perform a re-evaluation. If in the QME report...
If you really feel your lawyer is not serving you, you need (1) a face-to-face to give her an opportunity to clearly and quickly demonstrate she is on your side and working in your best interests...and if she cannot do so soon and easily, then (2) dismiss her and 'substitute' in a new attorney you trust. This person is going to get Thou$and$ of your money! The direct answer to the question is 'no' the QME never just independently decides he must perform a re-evaluation. If in the QME report...
Q: Fell at work,tore rotator cuff,can't move arm,surgery denied by wc, waiting on 2nd request. normal? Use of one arm
S. Michael Graham's answer
There are many different reasons that a shoulder surgery may denied. Your best bet is to contact a workers compensation attorney to discuss the matter. We will need specific facts. I will be in jury trial all this week. My secretary will be here. She is pretty familiar with the rules. It looks like you live in Katy, TX. You might want to contact a lawyer in Houston, TX if possible. Most lawyers will give you a free evaluation over the telephone.
There are many different reasons that a shoulder surgery may denied. Your best bet is to contact a workers compensation attorney to discuss the matter. We will need specific facts. I will be in jury trial all this week. My secretary will be here. She is pretty familiar with the rules. It looks like you live in Katy, TX. You might want to contact a lawyer in Houston, TX if possible. Most lawyers will give you a free evaluation over the telephone.
Q: Is it ok, if the supervisor delay me about 1-4 hrs on my schedule and make me wait on the back of the restaurant.
1 Answer
| Asked
in
Consumer Law, Contracts, Workers' Compensation and Employment Law
for
California
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
William John Light's answer
Probably not. Contact the Labor Board. https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm
Probably not. Contact the Labor Board. https://www.dir.ca.gov/dlse/howtoreportviolationtobofe.htm
Q: Can I return to work, different/same position, while waiting to see a doctor? Or while waiting to be approved?
Jerry Lutkenhaus' answer
If you can work, you should always work. Of course, you don't want to further injure your shoulder. The issue may be whether this is a continuation of your prior injury to your shoulder or a new injury. You should seek legal advice from an attorney who specializes in Virginia Workers' Compensation law.
If you can work, you should always work. Of course, you don't want to further injure your shoulder. The issue may be whether this is a continuation of your prior injury to your shoulder or a new injury. You should seek legal advice from an attorney who specializes in Virginia Workers' Compensation law.
Q: My job is saying I have enough money to pay my hospital bills?
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Nevada
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
David Alan Wolf's answer
You should consult with a Nevada based worker's compensation attorney. There are time limits that apply to the case and the processing of the medical bills. In some jurisdiction, the clock starts ticking after the last treatment related to the worker related injury. In some states, there must be formal action taken within 1 year after the last treatment. This time requirement may or may not apply in Nevada. Do not delay action on this matter. Contact a Nevada based worker's compensation...
You should consult with a Nevada based worker's compensation attorney. There are time limits that apply to the case and the processing of the medical bills. In some jurisdiction, the clock starts ticking after the last treatment related to the worker related injury. In some states, there must be formal action taken within 1 year after the last treatment. This time requirement may or may not apply in Nevada. Do not delay action on this matter. Contact a Nevada based worker's compensation...
Q: bit on the job beginning of shift, skin broken superficial wound
1 Answer
| Asked
in
Animal / Dog Law and Workers' Compensation
for
California
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
William John Light's answer
Tell your employer you want to file a workers compensation claim. Go get needed medical attention. Depending on circumstances, you may have a claim against the dog owner, or others, for the injury. Call a PI attorney.
Tell your employer you want to file a workers compensation claim. Go get needed medical attention. Depending on circumstances, you may have a claim against the dog owner, or others, for the injury. Call a PI attorney.
Q: Open WC case but resigned after they changed my wages
Nancy J. Wallace's answer
The Work Comp Insurer is only responsible for 'reasonable treatment' on the body parts it either accepts as it's resonsibility or the body parts found by the Workers Comp Judge to be industrially-injured and requiring further/future medical treatment. If this Comp Insurer only accepted responsibility for the shoulder and denied responsibility on the Spine/Back, it is up to your attorney to get medical evidence sufficient to prove to a judge your back also sustained a work injury and move that...
The Work Comp Insurer is only responsible for 'reasonable treatment' on the body parts it either accepts as it's resonsibility or the body parts found by the Workers Comp Judge to be industrially-injured and requiring further/future medical treatment. If this Comp Insurer only accepted responsibility for the shoulder and denied responsibility on the Spine/Back, it is up to your attorney to get medical evidence sufficient to prove to a judge your back also sustained a work injury and move that...
Q: company always puts me out on disability even though wc approved with 3rd pa it has affected my service credit
Nancy J. Wallace's answer
The solution is to put every communication IN WRITING. Or to get an attorney who will put every thing in writing. IF YOU CAN PROVE these decisions are made solely to retaliate against you for requesting workers comp benefits, you can get an increase in Permanent Disability and get the losses re-instated (as far as Human Resources is able... reduction in PERS contribution is generally never corrected or undone). If you had an attorney and the attorney was familiary with Labor Sec. 132(a)...
The solution is to put every communication IN WRITING. Or to get an attorney who will put every thing in writing. IF YOU CAN PROVE these decisions are made solely to retaliate against you for requesting workers comp benefits, you can get an increase in Permanent Disability and get the losses re-instated (as far as Human Resources is able... reduction in PERS contribution is generally never corrected or undone). If you had an attorney and the attorney was familiary with Labor Sec. 132(a)...
Q: Slipped at work and fell, was taken to company doctor, did not take an xray of my knee, been out for 2 days tomorrow
Alexander Palutis' answer
In order for you to receive any Pa Workers' Comp wage loss benefits for temporary total benefits , you must be out of work for seven days. If your employer accommodates restrictions from a doctor but you have less hours and less pay, then you can receive partial benefits for your reduced wages due to the injury immediately. With that said, the company doctor will likely order X-Rays soon to see if anything is broken in the bones connected to your knee or if your major ligaments in your knee...
In order for you to receive any Pa Workers' Comp wage loss benefits for temporary total benefits , you must be out of work for seven days. If your employer accommodates restrictions from a doctor but you have less hours and less pay, then you can receive partial benefits for your reduced wages due to the injury immediately. With that said, the company doctor will likely order X-Rays soon to see if anything is broken in the bones connected to your knee or if your major ligaments in your knee...
Q: Ignored by my WC adjuster - Impossible to get a PTP.
Domingo Castillo Jr's answer
Look for a Workers Compensation Specialist anywhere close to your home. You will eventually find one. If you cannot, contact the California Applicant Attorney Association (CAAA) and ask for a referral or list of attorneys.
Look for a Workers Compensation Specialist anywhere close to your home. You will eventually find one. If you cannot, contact the California Applicant Attorney Association (CAAA) and ask for a referral or list of attorneys.
Q: What happens to the workers compensation Dr. who evaluation that denied your worker compensation but then gets accepted
Nancy J. Wallace's answer
Generally, nothing happens to a physician who writes the injured worker did not sustain any industrial injury. There are forms you can submit to the Director of Industrial Relations if you can show the physician performed below the standard of care. Here is a link to WCAB Forms https://www.dir.ca.gov/dwc/forms.html
go to the Complaint Forms. If you think the insurer should be audited for suggesting treatment with a physician who then writes you have no injury, you should complain...
Generally, nothing happens to a physician who writes the injured worker did not sustain any industrial injury. There are forms you can submit to the Director of Industrial Relations if you can show the physician performed below the standard of care. Here is a link to WCAB Forms https://www.dir.ca.gov/dwc/forms.html
go to the Complaint Forms. If you think the insurer should be audited for suggesting treatment with a physician who then writes you have no injury, you should complain...
Q: I cannot provide an incident date for a work related injury. Can I file a claim still?
Roy Lee Warren's answer
Hi, you laid out your question in a clear concise manner so I hope I can provide the same type of answer for you. The type of injury you apparently have is called a repetitive trauma or occupational disease type injury. These type of injuries are notorious for having a date of injury that can be very difficult to pin point. However I will give you some tips that will hopefully give you an advantage. ( I was a judge with the DWC appeals panel and I wrote more than one decision reversing hearing...
Hi, you laid out your question in a clear concise manner so I hope I can provide the same type of answer for you. The type of injury you apparently have is called a repetitive trauma or occupational disease type injury. These type of injuries are notorious for having a date of injury that can be very difficult to pin point. However I will give you some tips that will hopefully give you an advantage. ( I was a judge with the DWC appeals panel and I wrote more than one decision reversing hearing...
Q: After 2 yrs. On disability. And still need surgeries. What happens with pay. Do you then apply for permanent disability.
Nancy J. Wallace's answer
The Labor Code ends Temporary Disability payments from the insurer after 104 weeks -- two years. Even if you applied for Social Security Disability Insurance , you likely wouldn't be approved for more than one year. You can try an application for State Disability Insurance at www.edd.ca.gov but it will be tough since you haven't worked to contribute to your SDI fund for 2 years. If you have a joint replacement or blinding eye injuries or burns, TTD is more than 104 weeks. You needed an...
The Labor Code ends Temporary Disability payments from the insurer after 104 weeks -- two years. Even if you applied for Social Security Disability Insurance , you likely wouldn't be approved for more than one year. You can try an application for State Disability Insurance at www.edd.ca.gov but it will be tough since you haven't worked to contribute to your SDI fund for 2 years. If you have a joint replacement or blinding eye injuries or burns, TTD is more than 104 weeks. You needed an...
Q: I was injured in a auto accident in my company's work vechicle. The accident was said to be my fault. What can i do?
1 Answer
| Asked
in
Personal Injury, Workers' Compensation and Car Accidents
on
Answered on Sep 12, 2017
Answered on Sep 12, 2017
Peter Munsing's answer
File for workers compensation. If you have car insurance that is primary except for the comp. Look for a member of the Assn for Justice of the state where you live who focuses on comp and is in your county--they give fee consults. Get medical treatment ASAP.
File for workers compensation. If you have car insurance that is primary except for the comp. Look for a member of the Assn for Justice of the state where you live who focuses on comp and is in your county--they give fee consults. Get medical treatment ASAP.
Q: Hi there. I signed a 1M contract to work as freelance w/o explicit working hours or goals. They've blocked my access.
1 Answer
| Asked
in
Contracts, Personal Injury and Workers' Compensation
on
Answered on Sep 12, 2017
Answered on Sep 12, 2017
Q: W/C ins doctor made reference that an attorney fired me, is this ethical for a doctor to do on a medical report ?
1 Answer
| Asked
in
Workers' Compensation and Medical Malpractice
for
Oklahoma
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Q: What are employers rights after an employee has been released back to work without restrictions
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
Illinois
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Charles Candiano's answer
If the restrictions are NOT related to a work injury, you have NO obligation beyond any contractual obligation and FMLA, IF it applies.
Even if the employee was injured at work, you have no obligation to hold her job beyond the 12 weeks as provided in the FMLA, PROVIDED that FMLA applies (i.e. 1.) The employee must have been employed with the company for 12 months;
2.) The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave; and...
If the restrictions are NOT related to a work injury, you have NO obligation beyond any contractual obligation and FMLA, IF it applies.
Even if the employee was injured at work, you have no obligation to hold her job beyond the 12 weeks as provided in the FMLA, PROVIDED that FMLA applies (i.e. 1.) The employee must have been employed with the company for 12 months;
2.) The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave; and...
Q: I was hurt at work and went to doctor he sent me back to work can he do that
Charles Candiano's answer
If you don't hire someone to enforce your rights, anything goes. Hire experienced counsel, NOW. No cost now and a greater return when you settle. Any of us are happy to answer questions without obligation.
If you don't hire someone to enforce your rights, anything goes. Hire experienced counsel, NOW. No cost now and a greater return when you settle. Any of us are happy to answer questions without obligation.
Q: I was injured at work in Feb. And I haven't heard from workers comp in months no one is returning my calls
Charles Candiano's answer
This is typical. Things won't change until you hire an experienced attorney. There is no up-front cost and you will get more in the end. Hiring an experienced attorney is a win-win proposition.
This is typical. Things won't change until you hire an experienced attorney. There is no up-front cost and you will get more in the end. Hiring an experienced attorney is a win-win proposition.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
