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Workers' Compensation Questions & Answers
3 Answers | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: I got injured on the job 30ft fall. I’m on workman’s Comp. Is there a case for not supplying safety equipment.

Broke foot, pelvis, arm, L4&5, and dislocated shoulder. Company didn’t offer safety harness. Which they have implemented now after my accident. Also concerned about my future that I might not be able to return to the position and future pain and surgery and loss of mobility.

Freddy Saavedra
Freddy Saavedra answered on Oct 15, 2019

To address your first question, in Arizona an injured employee who is receiving worker's compensation benefits is normally barred from bringing a personal injury claim against his employer. While it is possible for said employee to bring a lawsuit against his employer, these lawsuits are very rare... Read more »

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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: Where can I find a personal injury lawyer for a work re!ated injury?

I did a workers compensation claim and settled that claim , but my injury still exist. I was diagnosed with chronic pain syndrome while dealing with my workers compensation claim which referred me to 3 different physical therapist for my injury.Recently I went to see a cosmetic surgeon to get a... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 14, 2019

Unless your injuries were caused by some other person or entity other than your employer, you are likely going to be limited to seeking relief through the workers compensation process. All workplace injuries must be handled through that system. You need to consult with a workers compensation... Read more »

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1 Answer | Asked in Workers' Compensation for California on
Q: Does workers comp insurance need to pay TD benefits if they terminate the employee while they are on modified duty?

I have an accepted workers comp claim in California. I've been on modified duty since the injury last October. I was fired in December. I've been looking for work in the same industry but I am being told I don't qualify for the jobs because I'm on modified duty. I've been told by the work comp... Read more »

Steven James Foster
Steven James Foster answered on Oct 11, 2019

There are two types of temporary disability 1)TTD - Total Temporary Disability and 2) TPD Temporary Partial Disability. If you were working modified duty you are likely TPD which means you get temporary disability unless the employer can accommodate your restrictions. If you were fired for cause... Read more »

1 Answer | Asked in Workers' Compensation for Texas on
Q: Should i get a worker's comp lawyer and if so what do you recomend my pain is getting worse

I got dehydrated while working in a slicker suit and my back was cramping up and then my back started to hurt and then the workers comp doctor said i needed to work so i can work those muscles aand my back was hurting even more and then was discharged by the doctor and that same day was laid off

Roy Lee Warren
Roy Lee Warren answered on Oct 10, 2019

First and foremost you must file a claim if you have not. An IE only has 30 days after the date of injury to report the injury to the employer. If you do not report w/i 30 days you must establish "good cause" for failure. Seeing the company doctor implies that you did report the injury.... Read more »

1 Answer | Asked in Workers' Compensation, Civil Litigation and Small Claims for Kentucky on
Q: Can company reduce my hours if dr put me on light duty
Timothy Denison
Timothy Denison answered on Oct 7, 2019

If they can not accommodate you, yes.

1 Answer | Asked in Employment Law, Tax Law, Workers' Compensation and Business Law for Washington on
Q: Can I sue for getting paid under the table?
Tim Akpinar
Tim Akpinar answered on Oct 5, 2019

It would depend on what the basis of the lawsuit was, but an attorney in each of the categories you list could probably advise you on the downside of working off the books. Maybe one of the most pressing issues is workers' comp coverage for an on-the-job injury. Good luck

Tim Akpinar

1 Answer | Asked in Workers' Compensation for California on
Q: payment after the fact

I had a workers comp case, my lawyer was able to close only part of the case, leaving the medical part open. However, with the compensation I obtained from the 1st part closed, he took his payment, told me he was done with the case and was no longer representing me and gave me a letter of... Read more »

Ronald Mahurin
Ronald Mahurin answered on Oct 2, 2019

Yes this is legal. The attorney is entitled to fees on the remaining part of your case. In fact, the court will probably not allow the case to settle unless the issue of attorney fees is addressed. Most often the carrier adds a bit more to the settlement to cover fees, so it should not cost you... Read more »

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: Is there anything I can still do?

I worked a very stressful job 2016 where I wasn’t given a lunch break and given the workload of two people and the stress and burnout from this job ended in Fibromyalgia. I didnt know anything could be done and did not seek disability or unemployment or workers compensation. I was also not given... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 1, 2019

You need to seek out a consultation with a workers compensation attorney to determine if there is any chance at making such a claim. It is not likely you have any rights outside of the workers compensation system for the workplace induced injuries that you suffered. You have likely lost any... Read more »

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2 Answers | Asked in Workers' Compensation for Texas on
Q: I was injured at my job but was still able to work. I changed jobs but my injury has gotten worse and need surgery.

I will not be able to work for 4-6 weeks. Workers comp has been paying for my medical expenses but now that I will be out of work, am I eligible to receive income from workers comp? I spoke to my adjuster and they said no because I no longer work for the same employer. My new job is in the same... Read more »

S. Michael Graham
S. Michael Graham answered on Oct 1, 2019

If you had private insurance, you would have to get the surgery under your new insurance. If you had a claim through the Texas Department of Insurance, Division of Workers' Compensation, you can still receive medical treatment and disability no matter where you work. I would advise you to contact a... Read more »

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I have an Attorney draw up a release form in lieu of getting workers comp insurance for my business?

I own a small owner operated carpet cleaning service in Kingston Ga. I do a great deal of work for property management companies. A few of the companies are asking for a workers comp policy from me. Since I am the only employee and the workers comp will not cover me, can I have an attorney draw up... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

You could try that. I would if it mattered. Whether those companies -- and more likely their insurance companies and risk managers who are driving this request -- would accept that is another matter. It may be not so much a question of law as a question of their risk management practices.... Read more »

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Received lifetime medical for back injury went to doctor 6months after receiving award and doctors office said my case

Was closed reached out to risk management knowone several times and had no success in speaking to any one . What should I do ? I called workers compensation now I'm planning on inform them in writing

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 22, 2019

You have a lifetime medical award for your injury. However, a doctor must say you “need” medical treatment for your injury. You should review the last medical report from the doctor to see if you were released. If you disagree, then you need to see another doctor to see what that doctor says.... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Tax Law and Workers' Compensation for Arkansas on
Q: If a Female attorney is unwilling to defend, do I not have a right to separate her from overburden.

She has sent what appears to be a recorded message, it is not her answer.

Tim Akpinar
Tim Akpinar answered on Sep 22, 2019

An Arkansas attorney would be in the best position to answer, if there are state-specific laws involved. But your question remains open for a week. As a general matter in any jurisdiction, you are free to separate from your attorney. At the same time, your attorney could be entitled to compensation... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: Still working after injury. Must I use accrued PTO for WorkersComp Dr. appointments? Will WorkersComp reimburse my PTO?

I am still able to work after suffering a work related injury. However, medical visits/therapy are necessary. Unfortunately, these appointments are only available during working hours. My employer is forcing me to use my accrued PTO for this time. This seems unfair to me, unless I am able to be... Read more »

Alexander Palutis
Alexander Palutis answered on Sep 21, 2019

If you are not able to schedule your doctor’s appointment before or after work and you have an accepted Pa Workers’ Compensation Claim, then your employer would need to pay you Partial Wage Loss Benefits for the time you miss from work due to your attending the appointments. You should be able... Read more »

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1 Answer | Asked in Workers' Compensation for Texas on
Q: Son Injured on job. Filed WC claim. Co making him use all his PTO with no mention of pay after that.

They have been covering all medical bills but shouldn't he be getting at least partial income?

Roy Lee Warren
Roy Lee Warren answered on Sep 20, 2019

It depends on whether he "elected" to take PTO rather than receive income benefits. Regardless he should be entitled to receive impairment income benefits. PTO does not replace that because that is for injuries to his body. If his PTO has been exhausted.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for Kentucky on
Q: I was told that i can no longer do my old job which wad standing lifting bending stooping etc. I had a meniscus tear.

I had surgery but the dr said I need a knee replacement. FCE said sit down work only. How much can i expect feom a settlement and what is an acxeptable settlement. I was also let go the day after my surgery from an alleged incifent 3 weeks prior to the surgery.

Timothy Denison
Timothy Denison answered on Sep 20, 2019

It is impossible to predict a settlement amount without having all the medical records and bills to consider.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Can I receive full sick leave pay from my employer and workers compensation pay at the same time?
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 20, 2019

I would think not unless the employer has a program that says sick pay would be used to supplement workers compensation pay which pays only two thirds of your salary. I believe the City of Richmond used to do this in order to make up for the one third that an injured worker loses by going on... Read more »

2 Answers | Asked in Workers' Compensation for Texas on
Q: Can I still get medical help for back pain related to a back injury that was cause by an at work slip n fall n '06
Roy Lee Warren
Roy Lee Warren answered on Sep 19, 2019

Yes, you have "lifetime" medical as long as it is related to your compensable injury. If the carrier disputes that it is related you may have to ask for help from DWC or a lawyer to prove the cause.

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3 Answers | Asked in Personal Injury and Workers' Compensation for Oklahoma on
Q: I lost total vision in my right eye working for an individual at a unofficial fabrication shop.

I was working for a friends dad at a welding shop. my actual job was welding but the first thing I did every morning was split wood to warm up the shop which is how I lost my eye. I was using a wedge and a sledge hammer and a piece of the wedge the size of a nickel went through my right eye and... Read more »

Jason Bolitho
Jason Bolitho answered on Sep 19, 2019

It does sound like you have a Workers' Compensation Claim. Oklahoma is a no-fault state regarding work-related injuries, meaning basically that if you were hurt on the job, then your related medical bills, lost wages, permanent impairments, etc. might be paid by your employer, most likely by your... Read more »

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1 Answer | Asked in Workers' Compensation and Identity Theft for Arkansas on
Q: I have multiple active case(s), and no return calls from the Attorney(s) I have informed. What do I do?
Tim Akpinar
Tim Akpinar answered on Sep 18, 2019

Anything is possible. They may be in court, they may have needed to take time off, there may not be developments to report on, etc. But still, you are entitled to have your calls returned. You could follow up with email and let them know that you have been trying to reach them. Good luck... Read more »

4 Answers | Asked in Workers' Compensation for California on
Q: I am looking for an attorney for my civil case against San Diego unified. I was injured due to their lack of training.

Ihave been through the workers comp process. The district is offering to settle. I am unhappy with the offer. The injury ended my teaching career.

William John Light
William John Light answered on Sep 17, 2019

No one can offer to take your case. If anyone does solicit your business on here, run in the other direction.

You have to contact the workers compensation attorneys first. It shouldn't be hard to find a qualified attorney willing to take your case. Just make some calls.

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