Workers' Compensation Questions & Answers

Q: OSHA violation for forklift, minimal training, no cert., lifting metal plates at 1000s of pounds, PA. Do I have a case?

1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Answered on May 27, 2016

There is not enough information. Were you injured, and if so, how were you injured?
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Q: Is there an expiration on how long you can get workers compensation from your employer

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 26, 2016

The limit for wage benefits is 500 weeks, except for certain types of catastrophic injuries. Your question does not provide sufficient information to determine if you qualify. Consult an attorney near you for additional advice about your available options, such as social security disability benefits.
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Q: I live in Southwest Florida, can you receive unemployment benefits at the same time as work comp check?

1 Answer | Asked in Construction Law, Employment Law, Personal Injury, Public Benefits and Workers' Compensation for Florida on
Answered on May 25, 2016

Yes. If he was injured on the job he is entitled to workers compensation. If he is no longer employed at that job he is generally entitled to unemployment insurance benefits.

But you should be aware that an employer cannot discharge an employee because he has filed a workers compensation claim. So he should definitely find out if and why he was discharged from employment.
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Q: Can my boss change my schedule because the worker who filled in for me had to change her sched.while I was out on W.C

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Answered on May 23, 2016

They can change your schedule to fit their business needs unless there is an agreement, such as a union contract, which would prevent them from changing your schedule.
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Q: Can Workman's Comp stop or delay your payments in retaliation for you retaining a lawyer?

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Answered on May 21, 2016

No, the WC carrier cannot retaliate for your retaining a lawyer. But I suspect it's just a coincidence. Or perhaps the issuing of checks has been transferred to a different department. Ask your lawyer.
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Q: Would it be beneficial to get a second opinion in a WC case?

1 Answer | Asked in Workers' Compensation for California on
Answered on May 20, 2016

In general, I say that getting multiple opinions on anything is a good thing. Obviously, though, I have no idea whether getting a second opinion is a good idea in your specific case.

Getting another opinion costs money, of course. You have to decide whether that cost is worth it.

Andy
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Q: Hello. I need your help. I just started to work at a restaurant from a month ago. Salary suppose to paid every 2 weeks,

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 20, 2016

The details of your case will be very important and your description is a bit confusing. The problems you describe (e.g. not being paid on time despite being promised it, not receiving breaks, not getting overtime, etc) is very, very, very, very, very common in the restaurant business. I've done several cases involving unpaid restaurant workers like you.

If the problems you describe can be proven in some way (this is not easy, but also rarely impossible), the law will likely be on your...
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Q: have there been any new developments or changes in worker's compensation laws in Oklahoma

1 Answer | Asked in Workers' Compensation for Oklahoma on
Answered on May 12, 2016

In 2014 Oklahoma switched from a court system to an administrative system. For injuries occurring on or after February 1, 2014 the claim is processed through the administrative system. The change in the law from the old system to the new system are significant. The full extent of the new law is under review through the court system which is interpreting the new law. For example on April 12, 2016 the Oklahoma Supreme Court decided Maxwell v. Sprint PCS 2016 OK 41 and clarified the permanent...
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Q: My WC rep is tellin me that time I have to take off work for dr apts, PT and testing arent covered. I have to use PTO.

1 Answer | Asked in Personal Injury and Workers' Compensation for Pennsylvania on
Answered on May 9, 2016

Assuming this is an accepted injury you do have a responsibility to schedule medical treatment outside of working hours. If you choose to schedule the appointments during working hours you are not entitled to compensation for the missed time. If the treatment is not available outside of working hours, you have a responsibility to minimize the time missed from work to receive treatment. If you still miss time despite your best efforts, the missed time may be compensable, but you are going to...
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Q: If injured on the job with less 60 workdays in on a commission based pay how are workmens comp weekly benefits decieded

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on May 8, 2016

Assuming your injury happened on or after June 24, 1996, for an employee that has worked less than a complete period of 13 calendar weeks and does not have fixed weekly wages, the average weekly wage will be the hourly rate multiplied by the number of hours the employee was expected to work per week under the terms of employment. The commission based pay is a bit of a twist; however, the Pennsylvania Supreme Court has set forth the general principle that the current formulas are intended to...
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Q: injured on the job in October out of work for a month. Then changed jobs at the beginning of the yearam I still covered?

2 Answers | Asked in Workers' Compensation for Alabama on
Answered on May 6, 2016

If the claim is still open.
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Q: I fell off a hotel Van due to poor lightning. Since I was on a layover due to being a flight attendant. It's considered

1 Answer | Asked in Workers' Compensation for New York on
Answered on May 6, 2016

Absolutely----you are just not permitted to sue your employer.
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Q: Can I switch from workers comp insurance to regular insurance for my injury if my Dr stops taking workers comp?

1 Answer | Asked in Workers' Compensation for New York on
Answered on May 6, 2016

If you do so, comp could cut off your benefits.
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Q: Can you reopen workmans comp case from 1993 or 1995

1 Answer | Asked in Workers' Compensation for Texas on
Answered on May 4, 2016

Yes you may be able to open it. Check with DWC, the website link is: http://www.tdi.texas.gov/wc/employee/index.html You are entitled to life-time medical but IC are contesting "extent" issues to try to close the case. Good luck.
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Q: Is it mine or my employers responsibility to make contact to go back to work after being released with no restrictions?

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Answered on May 4, 2016

I am sorry your question has not been answered yet. As a practical matter your doctor is supposed to send notice to your employer that you have been released to RTW. At that point employers typically contact the IW but it is not a requirement. Where you placed on leave via the FMLA? If so there could be requirements under that act for the employer (FMLA applies to employers with 50 or more employees) to keep your job open for you and to give you notice. Hope this answers your question. Good...
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Q: I got a small cut at work and reported it. I don't want to follow up or get lab work. Can I drop it? No bills yet

1 Answer | Asked in Workers' Compensation for Texas on
Answered on May 4, 2016

Absolutely! The onus is on the employer and IC to report the injury once you have reported it.
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Q: I have an MMI rating of 17 and I have been refused treatment by a workman's comp medical director. Please help me.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on May 4, 2016

I am sorry for the shabby way you are being treated. You can ask for help from DWC. Its website is http://www.tdi.texas.gov/wc/employee/index.html There are some exceptional WC attorneys around if you can locate the correct one. Most represent ICs because they get paid win or lose and there is not restriction to 25% of the recovery. Have you been paid the 17%? I am sure the IC will dispute that amount because it could entitled you to SIBs benefits. I sincerely hope your not regulated by a...
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Q: Can a person who is waiting 2 months on worker man's compensation receive money from family to help out?

1 Answer | Asked in Workers' Compensation for Wyoming on
Answered on May 4, 2016

Oh course. There is no effect on WC benefits, perhaps on ss though.
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Q: I reported my work injury the following day. My employer is selfinsured and my case is being denied. Timely requirement?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on May 4, 2016

The only legal requirements are to report the injury within 30 days and file the claim within 1 year with DWC by filing a DWC 41. The forms can be downloaded at http://www.tdi.texas.gov/wc/employee/index.html The employers request reporting by the end of your shift because they will request a drug test to try to disqualify workers from obtaing benefits. Your co-workers should be able to attest to your sobriety, establishing your claim. Although it is not required you should provide written...
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Q: how long after I was injured can I still file for workers comp?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on May 4, 2016

There are two requirements, 1st report your injury within 30 days. It is apparent you have fulfilled that requirement. Second you must file your claim with DWC within 1 year by filing a DWC 41. You can access that form online athttp://www.tdi.texas.gov/wc/employee/index.html Best of luck in pursuit of your claim.
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