Workers' Compensation Questions & Answers

Q: Can my attorney divulge confidential info about me/case after he withdraws?

1 Answer | Asked in Workers' Compensation and Legal Malpractice for Virginia on
Answered on Sep 29, 2016

An attorney is normally not allowed to divulge any client secrets to a third party. If the disclosure causes damages, then the lawyer could be sued for legal malpractice. In addition, this could be considered unethical practice and could lead to sanctions against the attorney by the Virginia State Bar Association.
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Q: How long does it take to get a subsequent Injury hearing with workers compensation in maryland?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Sep 27, 2016

The answer to this question can vary greatly depending on the location of the claimants residence, the hearing volume of the Maryland Workers Comp commission at the time of filing for the hearing, and other factors. In my experience I have seen Subsequent Injury Fund hearing set in as soon as three months and as long as 6 months. It is best to discuss your case with your current attorney.

Good luck at your hearing!
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Q: I was injured on the job 2 yrs ago and I've been covered until I moved to FL from PA. Now workers comp won't cover me.

1 Answer | Asked in Workers' Compensation for Florida on
Answered on Sep 26, 2016

Your employer, not you, needs to make sure you are covered.
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Q: I turned in a letter of resignation then got injuried at work.......how does that affect my workers comp claim ?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Sep 22, 2016

If you were on the job you were on the job. What it affects is your wage loss claim if you are unable to work. Consult a member of the Pennsylvania Assn for Justice--they give free consultations.
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Q: I was injured at work the Thursday before Labor Day. I know I bumped my knees. That's all I'm aware that I did that

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Sep 17, 2016

You are potentially entitled. The Workers' Compensation Act in PA requires notice within 21 days to be covered for wage loss from day 1 or 120 days of the injury to be covered from the date of notice forward. Obviously you are well within either; however timely notice does not mean the employer is barred from disputing your claim. There are some red flags with your claim since it was not reported until the weekend and if you have Saturday off the employer could certainly argue that this may...
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Q: My company did not follow procedure And had me work on blocking That was contaminated With asbestos. What should I do.

1 Answer | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Answered on Sep 17, 2016

Make sure you find out who made the asbestos--if you can safely get a sample do that. You need to consult an attorney who handles workplace injuries and is a member of the Mass Academy of Trial Lawyers--they give free consults.
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Q: Storm drain collapse trailer fell to one side. While being loaded. I injured my right tricep torn my muscle. Can i sew?

1 Answer | Asked in Personal Injury and Workers' Compensation for Tennessee on
Answered on Sep 16, 2016

Depends on who owns the property where the drain is. If it's your employer, chances are no, as the whole reason they set up the Workers Compensation was less to compensate workers than to get employers off the hook.

However if you were loading/unloading product at a plant owned by some company other than your employer, yes.

If the culvert/drain was recently installed, may be liability on whoever designed the way it was to be built, etc.you may have a case against them. So you...
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Q: How long do an insurer have before they have to respond to my claim, after they chose further Investigation.

1 Answer | Asked in Personal Injury, Workers' Compensation and Insurance Bad Faith for Virginia on
Answered on Sep 15, 2016

Once a claim for benefits has been filed with the Commission, a 20-day order is issued requiring the employer to accept or deny the claim. Perhaps you have not filed a claim form yet. Consequential damages are not benefits which can be awarded by the Commission; only statutory benefits for medical costs, wages, and permanent injury to a body part. Your amputation is eligible for a lump sum award and you should seek counsel to assist you with seeking an award or settlement.
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Q: Great Toe was amputated as result a blood clot formed in my calf. What can I do?

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Virginia on
Answered on Sep 15, 2016

Hard to give you a rundown based on missing facts. You should contact a member of the Virginia Trial Lawyers Association who handles workers compensation and malpractice to discuss all aspects of your situation. They give free consultations. Not sure why you would lose your license. You have to ask for a modification of support. In the meantime, apply for medical assistance. You should potentially be able to file an unemployment claim as you are not out of work due to wilful misconduct. But...
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Q: i was injured a year ago.WC covered everything.Up until today, dr appts were on co. time.Suddenly, must take PTO. Legal?

3 Answers | Asked in Workers' Compensation and Employment Law for Pennsylvania on
Answered on Sep 14, 2016

I believe it would be but you should contact an attorney who focuses their practice on workers compensation to be sure. Look for one that is a member of the Pennsylvania Assn for Justice. They give free consultations.
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Q: On 8/10/16 my brother suffered from sever dehydration and a heat stroke while at work.

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation for Texas on
Answered on Sep 13, 2016

Contact a member of the Texas Trial Lawyers Assn who handles workers comp and construction site injuries. They give free consultations.
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Q: How does a whole body impairment rating work in a md workers compensation case vs a body part impairment rating?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Sep 12, 2016

20% whole person is 100 weeks of payment at the second tier. The payment amount depends on the year you were injured, your average weekly wage, and some other potential factors.

It is important to discuss this with your attorney because there are a number of legal factors to consider other than just the percentage such as industrial loss. If it were that easy than lawyers would not be needed.

whole person is 500 weeks potentially. there are different weeks for different body...
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Q: . In February. I hired workman's comp attorney. I got incarcerated 2/28

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Texas on
Answered on Sep 10, 2016

Yes, either hire another lawyer or seek help from a DWC ombudsman. It would help with hiring a lawyer if you request a waiver of any fees owed from your previous lawyer because if another lawyer is hired, your previous lawyer is paid first. Also, even though an ombudsman's "assistance" is free, most are not lawyers and are only obligated to assist you (only required to meet with you for 15 minutes prior to hearing) because they do not represent you. I have actually helped to train some...
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Q: I've developed carpal tunnel but I only work part time - does that affect my ability to collect workers comp?

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Sep 10, 2016

Not at all, it would only effect your amount of income benefits if you miss time because of the CTS. Assuming the CTS WAS CAUSED from repetitive trauma, make sure you have given notice to your employer because that is one of the common areas a IC will dispute, saying you did not give it notice within 30 days of the date of injury. When exactly is your date of injury, (rhetorical) not the date you first felt pain, but (most commonly answered by DWC) usually when a medical provider tells you your...
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Q: I was a passenger in my company car and hit head on by a driver who crossed the center line and into our lane.

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Pennsylvania on
Answered on Sep 10, 2016

You do not have to settle, and you are always free to fire your attorney and hire a new one. That being said, I believe it is always worth while to try to talk things out with your current attorney, but if you are not satisfied with the answers, you can always ask for your file and take it elsewhere.
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Q: employer w/injured worker. Worker wants to perform beyond dr restrictions. is this ok? What would be our obligation?

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Answered on Sep 9, 2016

I would recommend that you as the employer comply with the doctor's restrictions even though the employee believes he or she is able to do more. If that's the case, the employee should be returning for a follow up visit with the doctor who may or may not then release the employee to full duty. In the meantime, follow the restrictions laid out by the treating or examining physician.
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Q: I work for HEB and was recently injured on the job, i was wondering what kind of benefits i have or if i have a case?

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Texas on
Answered on Sep 9, 2016

Contact a member of the Texas Trial Lawyers Assn who handles workers comp--they give free consults.
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Q: Management knowingly put my safety at risk in the work place. Can anything be done about it?

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arizona on
Answered on Sep 7, 2016

You can file an OSHA report but that may give you bounce back at work. If you mean can you file an unsafe work practices case? Most states no. Workers comp is a law enacted to shield employers from claims, so the law doesn't give you much outside of it.
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Q: I feel like my medical privacy has been violated in the workplace. Just curious about my options.

1 Answer | Asked in Medical Malpractice, Employment Law and Workers' Compensation for Wisconsin on
Answered on Sep 7, 2016

Generally, there are few remedies other than a slap on the wrist to the provider. Suggest you contact a member of the Wisconsin Assn for Justice that handles employment issues--they give free consultations.
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Q: Personal injury lawyer

1 Answer | Asked in Personal Injury and Workers' Compensation for Arizona on
Answered on Sep 6, 2016

Whenyou asay WC attorney was that someone you went to? If you mean the adjuster, they work for the company. Sometimes they will try to steer you in the right direction but they know who pays their check. Contact a member of the Az Trial Lawyers Assn who handles workers compensation--they give free consultations.
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