Workers' Compensation Questions & Answers by State
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Workers' Compensation Questions & Answers
Q: The I&A officer said that I cannot put my evidence into exhibit during an MSC hearing. How can I get the judge to revie
Ronald Mahurin's answer
1) No one can predict what a carrier will do. While you should have already started receiving TTD benefits based upon your question, the penalties for late payment are almost never enforced. The courts don't care as long as defendants can put forth some explanation for the delay, for example "the adjuster was sick,... further discovery is needed, ..." or something similar.
2)It is common for a WCJ to reschedule pending further discovery. At the next hearing the WCJ will ask about the...
1) No one can predict what a carrier will do. While you should have already started receiving TTD benefits based upon your question, the penalties for late payment are almost never enforced. The courts don't care as long as defendants can put forth some explanation for the delay, for example "the adjuster was sick,... further discovery is needed, ..." or something similar.
2)It is common for a WCJ to reschedule pending further discovery. At the next hearing the WCJ will ask about the...
Q: Does SC workers comp ask for settlement money back for an accident that i wasn't at fault for?
Ilene Stacey King's answer
Yes. The workers' comp insurance company has a lien by law on your settlement money from your civil law suit arising from the same accident. It doesn't matter that you were not at fault. Actually, if you were at fault, there probably would not be a civil law suit settlement; you are getting a settlement because you were not at fault. Workers' comp is no fault coverage and they are entitled to recover the amounts they paid to you from the at fault party. In fact, if you did not bring a civil...
Yes. The workers' comp insurance company has a lien by law on your settlement money from your civil law suit arising from the same accident. It doesn't matter that you were not at fault. Actually, if you were at fault, there probably would not be a civil law suit settlement; you are getting a settlement because you were not at fault. Workers' comp is no fault coverage and they are entitled to recover the amounts they paid to you from the at fault party. In fact, if you did not bring a civil...
Q: I need to know what the law is on hourly vs commission. Do you by law got both, on or the other? Or is it up to them?
1 Answer
| Asked
in
Contracts, Employment Law and Workers' Compensation
for
California
on
Answered on Dec 13, 2018
Answered on Dec 13, 2018
Q: Are you able to place a lien on a worker's compensation claim in the state of Indiana?
Stuart Gregory Steingraber's answer
Probably not because worker's comp awards are generally protected from creditor's claims. WC awards are intended to compensate a person injured on the job and not to pay the worker's debts.
Probably not because worker's comp awards are generally protected from creditor's claims. WC awards are intended to compensate a person injured on the job and not to pay the worker's debts.
Q: Can I get money for pain and suffering in a workers' comp claim?
Martha Ramsay's answer
No, not in North Carolina. The law allows for compensation for three benefits: Medical treatment, payment for lost time and payment for permanent injury. One of the elements of the original bargain of workers’ compensation law, no compensation for pain and suffering is supposed to be balanced by the provision of medical treatment and payment for lost time.
No, not in North Carolina. The law allows for compensation for three benefits: Medical treatment, payment for lost time and payment for permanent injury. One of the elements of the original bargain of workers’ compensation law, no compensation for pain and suffering is supposed to be balanced by the provision of medical treatment and payment for lost time.
Q: In a Florida I was injured at work and the doctor put me in light duty and that was not given. I was taking my pain meds
Mitchell Feldman's answer
First I will tell you it’s contrary to your best interest to not have representation in this Worker’s Compensation claim. So my purse recommendation for you is to obtain an attorney. Attorney will fight for you and your rights under Worker’s Compensation law to get the benefits you were entitled to against the employer and the carrier. And attorney like myself and others will be able to determine if the employer has violated any laws associated with your workers compensation claim. If you...
First I will tell you it’s contrary to your best interest to not have representation in this Worker’s Compensation claim. So my purse recommendation for you is to obtain an attorney. Attorney will fight for you and your rights under Worker’s Compensation law to get the benefits you were entitled to against the employer and the carrier. And attorney like myself and others will be able to determine if the employer has violated any laws associated with your workers compensation claim. If you...
Q: What does it mean that workers' comp is a "no fault" system?
Dr. Peter Marc Schaeffer Esq.'s answer
Simply put... if you get injured at work... you don't have to prove you were not negligent nor do you have to prove your employer was negligent. You got hurt at work... you are covered...(unless you were fooling around and caused your own injury)
Simply put... if you get injured at work... you don't have to prove you were not negligent nor do you have to prove your employer was negligent. You got hurt at work... you are covered...(unless you were fooling around and caused your own injury)
Q: How do I decide if I need to file a workers' compensation or a personal injury claim for my work injury?
Glenn Neiman's answer
I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you! Peace of mind.
I would urge you to meet with an attorney certified as a specialist in workers' compensation law, whether my firm or another of the fine attorneys on this board. The attorney will help figure out where and how to proceed. That is one of the benefits to having an attorney represent you! Peace of mind.
Q: If you are injured on the job by a third party, & you sue the atfault party, can workers comp Take Your settlement money
1 Answer
| Asked
in
Personal Injury and Workers' Compensation
for
Arizona
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Freddy Saavedra's answer
In a third party claim a worker's compensation carrier retains the right to be reimbursed for costs expended. While the medical bills will be covered by worker's compensation insurance they will expect to recoup their expenses and tend to be inflexible. Based on the scenario described it appears that worker's compensation has paid a significant amount that would likely be more than the policy limits of the drunk driver. It would be important for you to discuss this with your attorney and...
In a third party claim a worker's compensation carrier retains the right to be reimbursed for costs expended. While the medical bills will be covered by worker's compensation insurance they will expect to recoup their expenses and tend to be inflexible. Based on the scenario described it appears that worker's compensation has paid a significant amount that would likely be more than the policy limits of the drunk driver. It would be important for you to discuss this with your attorney and...
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments
1 Answer
| Asked
in
Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law
for
Virginia
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Jerry Lutkenhaus' answer
You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.
You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.
Q: Are schedule injury benifits suspended from when i was arrested and incarcerated or when i was convicted ?
1 Answer
| Asked
in
Insurance Defense and Workers' Compensation
for
Texas
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
S. Michael Graham's answer
When you start missing time from work, so it would normally be from the date of incarceration.
When you start missing time from work, so it would normally be from the date of incarceration.
Q: I had my mmi August and it’s December and I just got my mmi rating from lawyer which I didn’t like the doctor said I
Ilene Stacey King's answer
Talk to your lawyer about whether a second rating opinion would be worthwhile. There are several considerations. The insurance company will not pay for another rating. Your lawyer would have to send you for another rating which can be very expensive and, ultimately, the cost would be yours. You'd either pay up front or the cost would come out of your settlement. Your lawyer may feel that this is a reasonable rating for your injury based on your lawyer's experience and expertise. Clients...
Talk to your lawyer about whether a second rating opinion would be worthwhile. There are several considerations. The insurance company will not pay for another rating. Your lawyer would have to send you for another rating which can be very expensive and, ultimately, the cost would be yours. You'd either pay up front or the cost would come out of your settlement. Your lawyer may feel that this is a reasonable rating for your injury based on your lawyer's experience and expertise. Clients...
Q: My finance was released from his doctor the 1st of June 2018. Workers Comp has not notified him of a settlement yet.
Roy Lee Warren's answer
I am sorry to say you will need to ask this question in the forum located in the State where his case is pending because wc cases are specific to the state. I hope the laws in SC are more favorable than they are here for injured workers.
I am sorry to say you will need to ask this question in the forum located in the State where his case is pending because wc cases are specific to the state. I hope the laws in SC are more favorable than they are here for injured workers.
Q: If I qualify for workers' comp benefits for a work injury, how do they get paid out?
James G. Ahlberg's answer
It depends. Temporary total disability (TTD) will be paid directly to you by the insurance company unless your employer is self-insured, in which case the employer may pay you directly. Medical benefits are typically paid directly to the medical provider. Permanent partial disability (PPD) and permanent total disability (PTD) benefits are typically paid to the injured party and his or her lawyer; if you don't have a lawyer at that point they are paid directly to you. Let me encourage you to get...
It depends. Temporary total disability (TTD) will be paid directly to you by the insurance company unless your employer is self-insured, in which case the employer may pay you directly. Medical benefits are typically paid directly to the medical provider. Permanent partial disability (PPD) and permanent total disability (PTD) benefits are typically paid to the injured party and his or her lawyer; if you don't have a lawyer at that point they are paid directly to you. Let me encourage you to get...
Q: If I was injured in a car accident at work, will workers' compensation benefits cover that?
H. Scott Aalsberg Esq.'s answer
Yes you should speak with a lawyer about this immediately, most of us offer free in office consultations and most will do this on a contingency fee basis (i.e you only pay the lawyer if you collect). Lastly you may not just be able to collect from your employer but also the person that hit you, if the accident was not your fault. Again speak with a lawyer ASAP.
Yes you should speak with a lawyer about this immediately, most of us offer free in office consultations and most will do this on a contingency fee basis (i.e you only pay the lawyer if you collect). Lastly you may not just be able to collect from your employer but also the person that hit you, if the accident was not your fault. Again speak with a lawyer ASAP.
Q: Is it necessary to hire a lawyer for my workers' compensation claim?
Carole Jean Hayes' answer
It is if you have a claim worthy of protecting! In other words, if your accident involves a relatively small injury; e.g., a paper cut, then you do not need an attorney. If you are going to need medical treatment, be out of work or have other issues that would tend to evidence a more involved claim, then yes, you should consult an attorney. There is no charge to speak with an attorney and once you discuss the facts, you can then make an informed decision regarding whether you need to retain...
It is if you have a claim worthy of protecting! In other words, if your accident involves a relatively small injury; e.g., a paper cut, then you do not need an attorney. If you are going to need medical treatment, be out of work or have other issues that would tend to evidence a more involved claim, then yes, you should consult an attorney. There is no charge to speak with an attorney and once you discuss the facts, you can then make an informed decision regarding whether you need to retain...
Q: I type all day at my office manager job. Now my wrists are killing me. Can I get workers' compensation for this?
T. Andrew Miller's answer
Most likely, yes! Contact an experienced Worker’s Compensation attorney for a free consultation so you can know your options.
Most likely, yes! Contact an experienced Worker’s Compensation attorney for a free consultation so you can know your options.
Q: How do I confirm what was sent to the qualified medical evaluator?
Ronald Mahurin's answer
"Basically the same" is too vague for comment. Either the materials you objected to were removed, or they were not. At this point your options are keeping the QME appointment, or writing the adjuster a letter saying you will not attend the QME until such time as your objections have been addressed. Given that the materials were already sent, it may be too late and a new panel list may be needed. Lastly, you should write your own cover letter to the QME outlining your concerns and issues.
"Basically the same" is too vague for comment. Either the materials you objected to were removed, or they were not. At this point your options are keeping the QME appointment, or writing the adjuster a letter saying you will not attend the QME until such time as your objections have been addressed. Given that the materials were already sent, it may be too late and a new panel list may be needed. Lastly, you should write your own cover letter to the QME outlining your concerns and issues.
Q: Can employer force you to file a workers comp claim for an injury that occurred outside of work, not in the work place?
2 Answers
| Asked
in
Personal Injury and Workers' Compensation
for
Texas
on
Answered on Nov 29, 2018
Answered on Nov 29, 2018
S. Michael Graham's answer
There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.
There is no reason to file a workers' comp claim if the incident was not work related. Work related injuries can occur off the premises if the incident occurred while you were in the course and scope of employment.
Q: Do I see the qme for treatments now that he’s done the evaluation?
Nancy J. Wallace's answer
You don't get ANY treatment unless and until (1) a physician from the Insurer's Medical Provider Network sees you and requests that treatment by way of a Request For Authorization form and (2) the adjuster OKs that Request for Authorization form. A QME is just an evaluator, never a treater. Since 2014, we cannot use the opinion of the QME to get a judge to order any treatment. So just because a QME insists you need treatment, the law permits the insurance company to refuse that treatment...
You don't get ANY treatment unless and until (1) a physician from the Insurer's Medical Provider Network sees you and requests that treatment by way of a Request For Authorization form and (2) the adjuster OKs that Request for Authorization form. A QME is just an evaluator, never a treater. Since 2014, we cannot use the opinion of the QME to get a judge to order any treatment. So just because a QME insists you need treatment, the law permits the insurance company to refuse that treatment...
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