Workers' Compensation Questions & Answers

Q: I was injured on the job in December 2016, it is a shoulder injury. I went to the dr that day.

1 Answer | Asked in Workers' Compensation and Employment Discrimination for South Carolina on
Answered on May 29, 2017

You have a workers' compensation claim for your shoulder injury and it sounds like you are receiving authorized medical treatment. If you are still having problems after this long a time, an MRI might be in order and you might benefit from a referral to an orthopedic doctor. Because you have been terminated while at restricted duty status, you might be entitled to be paid weekly benefits. Once you reach maximum medical improvement, you may be entitled to be compensated if you have a...
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Q: I lost part of my finger working should i do workers comp or personal injury or both?

2 Answers | Asked in Personal Injury and Workers' Compensation for California on
Answered on May 27, 2017

Your exclusive remedy for such an injury at work is worker's compensation benefits. You should immediately contact an attorney with expertise handling worker's compensation matters for employees. Your medical expenses will be paid and you can receive disability benefits.

If your injury was caused by a defective machine where you worked, your worker's comp lawyer will advise you whether you have the right to sue the manufacturer of the defective machine outside of worker's comp....
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Q: How long can you be on temporary total disability?

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on May 26, 2017

The short answer is there are a lot of factors that play into this. The payments are for a temporary basis so not to last permanently. Depending on the severity of the injury, amount of treatment, what doctors are recomending, and other factors, an injured worker could conceivably be on ttd for years. The reality is that most workers comp insurers will not let this happen without a fight.

If you have not obtain legal counsel it may be a good time to consider doing so. Consults are...
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Q: I was injured at work 1.5 years ago, I had a surgery that has now failed and adjuster telling me time to settle

1 Answer | Asked in Employment Law and Workers' Compensation for Illinois on
Answered on May 26, 2017

You absolutely should hire an attorney immediately. Attorney who handle worker's compensation cases will take your case on a 20% contingency, and a knowledgeable attorney will almost certainly add value to your case in excess of the 20%. Further, an attorney will assist you in all points of the recovery process, thereby minimizing your stress and maximizing your recovery.
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Q: Pettibone airial

1 Answer | Asked in Bankruptcy, Employment Law, Personal Injury and Workers' Compensation for California on
Answered on May 25, 2017

I cant' tell what you are asking about, or even when it happened. Please re-post with some details of what happened, when it happened and what your injuries are.
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Q: An employee has a heart attack on the job and neglected to advise his employer of his heart condition can they sue?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 24, 2017

If the employee can prove that the heart attack was caused by or contributed to by his work, s/he may have a valid worker's compensation claim. Worker's compensation is a no-fault system, and generally, an employer cannot sue her employee for failing to disclose a heart condition unless the employee was required to report the condition and willfully failed to do so to the employer's prejudice.

Particularly for truck drivers, good health is required to maintain a Class A driver's...
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Q: The job interview I went to, the job description sent to me, the offer to me, and the job I accepted was a..

1 Answer | Asked in Employment Law, Workers' Compensation, Business Law and Employment Discrimination for California on
Answered on May 23, 2017

Sounds to me like fraud and breach of contract. I recommend you find a competent employment law firm to assist you with your claims.
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Q: What rights do employers have if you find out that an employee who's been let go is a habitual claimant?

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Answered on May 23, 2017

Past cases are typically irrelevant. The facts of the current case are crucial. Past case facts, if similar, might be used for impeachment purposes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following...
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Q: I I have a permanent partial disability he and workers comp payments or by weekly and it's been going on since 2002.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 23, 2017

You indicate you have been on workers compensation since 2002. In Virginia the usual limit for workers compensation payments is 500 weeks or about 10 years. However, you indicate you have been receiving workers compensation for about 15 years. You would need to provide more details. Is this a Virginia workers compensation claim?
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Q: i need to know what this title 23 entails for me to get workers compensation for my home improvement business.

1 Answer | Asked in Business Formation, Business Law and Workers' Compensation for Louisiana on
Answered on May 22, 2017

The state licensing board wants to see that you are qualified (its test requirement) and have some, limited assets - including the financial starting funds and insurance policies -- to protect not only any workers that you hire (or that are uninsured), but also any third person that might be harmed from your work. The General liability and workers' compensation policies also protect you in the event of such claim/suit. You should call an insurance agent and inquire about starting prices for...
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Q: How does my chp.13 bankruptcy effect my worker's comp case if awarded benefits in GA?

1 Answer | Asked in Bankruptcy and Workers' Compensation for Georgia on
Answered on May 22, 2017

It will probably affect your ability to receive your portion of your workers comp settlement, but the effect on weekly income benefits can vary from case to case.
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Q: Is there a statute of limitations on how long after the injury the employer can request a drug test?

1 Answer | Asked in Workers' Compensation for Georgia on
Answered on May 22, 2017

Not necessarily, but the longer after the injury the drug test is performed, depending on the drug being tested for, the less effective a positive test would be in supporting a denial of the workers comp claim.
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Q: I have worked on concrete floors for over 8 years and now have heel spurs. Is it covered by WC?

1 Answer | Asked in Workers' Compensation for Georgia on
Answered on May 22, 2017

It's possible that you could get a claim like this accepted by WC. But I wouldn't try it without hiring a lawyer because I would expect the claim to be denied initially.
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Q: In the state of Georgia can one find and start another job while out on workers comp

1 Answer | Asked in Workers' Compensation for Georgia on
Answered on May 22, 2017

Except for the narrowest of circumstances, it's illegal to receive weekly workers comp payments while working. Better to settle your workers comp claim and then start working somewhere else. Line up a new job, sure. But don't start earning income at a new job while the weekly checks are still coming in.
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Q: does O.C.G.A S34-9-11.1. reserve the right for employer-self insurer to bring subrogation lien mean they will sue me.

1 Answer | Asked in Workers' Compensation for Georgia on
Answered on May 20, 2017

Subrogation can be very complicated and can, in some circumstances, lead to a lawsuit against the injured worker. If you don't have a lawyer for your personal injury case (or your workers' comp case for that matter), you should get one. That way, you can get advice on how exactly to handle all of this.
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Q: I'm having problems getting my adjuster to get me in to see doctor due to me moving out of town what can I do

1 Answer | Asked in Workers' Compensation for Georgia on
Answered on May 20, 2017

Sounds like you might have a TN claim but under GA law you might be entitled to a new doctor in your area. Contact a TN workers' comp lawyer to find out what your options are.
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Q: Can I be fired from my job while my worker's compensation case is still open?

1 Answer | Asked in Workers' Compensation for Georgia on
Answered on May 20, 2017

Except for a few very limited exceptions, there's nothing in GA law to prevent employers from terminating employees, even if they are injured. However, with the help of an attorney, the injured worker can take advantage of the employer's decision to terminate employment under workers' compensation law. It's important to consult with an attorney as soon as possible to create a plan of attack in these situations, as there are several time deadlines that could affect such a claim, not to mention...
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Q: Was fired while after a workman comp doctor took me off work for a injury that happened at work. Do I have a case

1 Answer | Asked in Workers' Compensation and Employment Law for California on
Answered on May 19, 2017

You have two cases at the same 'court' (administrative agency). You have a Labor Code 132a Violation to prosecute proving that only due to the requesting comp benefits you were terminated in retaliation (not because you failed to call and failed to show); PLUS you have a standard Workers Compensation Claim. BOTH are presented before the Workers Compensation Appeals Board. You should have a certified specialist in workers compensation law for both.
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Q: How long after injury can i file for workers comp?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 18, 2017

You should immediately file a claim with the Virginia Workers Compensation Commission with your unpaid bills. This often gets bills paid. The number to call is 1-877-664-2566. If you have a serious injury, then you may want to contact a Virginia Workers Compensation lawyer.
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Q: While I'm waiting on my settlement will i still get my weekly payments from worker's comp

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 18, 2017

If you are under an AWARD that awards you weekly WC payments and unless there is an agreement to the contrary or unless your payments have been suspended, you would receive weekly payments up to the date the settlement is approved by the Commission (but these are questions you should ask your lawyer). This only pertains to Virginia Workers Compensation Law.
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