Workers' Compensation Questions & Answers

Q: I had an otji, was sent to physical therapy and then sent back to work. I had a recurrence later, and had to stop work

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 23, 2018

You have 5 years from the date of injury to prove you have 'new & further disability' from that initial injury. Yes it was a very weak decision not to dispute the Treating Physician's determination that you were 'fully' healed because you were not, but your silence by just going back to the same job tends to inform the Workers Comp judge that you agreed you were just fine. Then, failing to requesting objecting to the treating doc's findings and failing to speak with an attorney (it's...
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Q: I work in construction and travel. I live in IL injured in Virginia. In which state should I Persue this wc claim?

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jan 23, 2018

Find a workers' compensation lawyer in Illinois and ask him or her to compare the benefits in the two states for your particular injury,
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Q: Am I required to use the company doctor for my medical treatment if I want to receive workers comp benefits?

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Answered on Jan 23, 2018

You must treat from an employer preselected panel of health care providers for the first 90 days after a work injury for the bills to be paid by workers’ compensation in Pennsylvania.
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Q: If i am hurt on the job and was looking for another job can i change jobs. will i loose my physical care that i get?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 22, 2018

Maybe no, but you could. When you get new employment, the adjuster can assert your need for treatment is NOT the original injury, tell their reviewer to deny it, and sue your new employer for 'contribution' towards your treatment and disability costs. IF IT IS POSSIBLE it is 100% smarter to conclude treatment and be declared as having reached MAXIMUM MEDICAL IMPROVEMENT, THEN the next day you can start the new job.

That way, there is no confusion about how much permanent disability...
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Q: #1, on a workmans comp case waiting the appeal hearing for next month, how does the state recognize "employment" from an

1 Answer | Asked in Appeals / Appellate Law, Workers' Compensation and Civil Rights for Pennsylvania on
Answered on Jan 22, 2018

Whether or not an individual is an employee or a subcontractor is a factual determination that depends on a number of things including the industry. If your business is involved in construction, different rules apply. The primary factor is control. Who sets the schedule. Who assigns the work. Who oversees the work. Whether the alleged employee has the right to come and go as they please among other factors. It is rather complicated, and if you are found to be an employer you could face...
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Q: What do you do when your attorney wont return your call. An its a work comp case.

2 Answers | Asked in Workers' Compensation for Illinois on
Answered on Jan 22, 2018

Workers' Compensation attorneys typically carry a very heavy caseload and often find that they must prioritize return calls. The LAST call to be returned will be the message that reads "Please call Mary Smith." Leave a more meaningful question like "Where do I send this bill" or "I want to speak with the attorney to discuss my options because I don't believe settlement is in my best interest." A staff member can effectively answer 95% of your questions but NOT discussing your options or...
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Q: My TTD benefits were stopped by the insurance attorney as an attempt to force me to accept their low settlement offer,

1 Answer | Asked in Workers' Compensation for Illinois on
Answered on Jan 22, 2018

You stated you have an attorney, thus your question should be directed to your attorney. You should call and demand that you speak with them personally. If you are dissatisfied with the attorney, you are always free to terminate their services and hire a new one. I wish you the best.
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Q: I was hurt 9/21/2017 on my job have been out work more than 7 days.workmanscomp denied. Injured again by coworker 1/17

1 Answer | Asked in Workers' Compensation for South Carolina on
Answered on Jan 21, 2018

Sorry to hear of your injuries. Much more information is required to answer your question. Your best first course of action is to take advantage of a free consultation with an experienced workers' compensation lawyer. I notice you reside in NC but the question is posted to SC workers compensation. You should speak with a lawyer licensed to practice in the state in which you got hurt as there are some differences between NC and SC law.
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Q: Is workers comp obligated to reimburse mileage driven to and from doctors and physical therapy?

2 Answers | Asked in Workers' Compensation for Illinois on
Answered on Jan 20, 2018

As a general rule, the workers' compensation insurer is not obligated to pay for mileage to and from treating doctors, physical therapy, and so on if the trips are relatively short. If your doctor refers you to someone far away such as the Mayo Clinic, on the other hand, the insurer can be required to pay mileage, hotel/motel charges, etc. The insurer must pay travel expenses for you to attend an independent medical exam (IME) if they set one up.
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Q: Workers' Compensation Settlement check mailed to wrong address. It is now over 30 days. Am I entitled to penalties?

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 19, 2018

You need to prepare a Petition for Penalties, cite the Labor Code and regulations that apply, serve the petition on defendants, and file it with the WCAB. As you do this, look at the dates carefully... case 'settled' dec 18, but can you prove the defendant RECEIVED the Order Approving on the 18th? The clock starts ticking from the date the defense (attorney or adjuster) receiving the judge's order. IF the judge mailed the order, add 5 days for mailing. THEN: check your official address...
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Q: Yesterday I had my leg pinned against the steel by a faulty power jack after telling a supervisor my Jack was faulty

2 Answers | Asked in Personal Injury, Products Liability and Workers' Compensation for Florida on
Answered on Jan 19, 2018

Workers comp applies regardless of fault.
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Q: The judge signed the order on a settlement, on a workers comp. case ten days ago. How long to receive a check

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 18, 2018

YOU PROBABLY signed an agreement with language 'waiving' penalties and interest if payment is received within 30 days of 'service' of the judge's order. SO: if the judge personally handed the Order Approving to the DEFENSE attorney on Jan. 8, then the insurance adjuster should be issuing the check by Feb. 2 to assure you receive it by or before Feb. 7. BUT IF the court mailed out the Order, you should add on 5 days, the code of civil procedure presumes it takes 5 days for mailing. IF YOUR...
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Q: Lump sum vs structured settlement in work comp claim? A few questions

1 Answer | Asked in Workers' Compensation for California on
Answered on Jan 18, 2018

OF COURSE you can switch! This attorney you have now will SPLIT 15% of an award, not take 15% off the top. For example, if you get a new attorney, for a $50,000 award the judge would order the two lawyers to split up $9,000. NOW, maybe this current attorney has a very good deal for you, and you need to understand it better. Have you let this current attorney know you are not satisfied with the $50,000 and you would like to see the outcome for different resolution options? A structured...
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Q: I got injured at work. Dr said I can go back, but I'll make it worse

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Jan 18, 2018

The general rule is that you must go back to work if your employer can accomodate your work restrictions. You don't have to go back to work, but neither your employer or the wc Carrier will owe your any wages or wage substitution (TIBs). You should really discuss this matter with a qualified workers compensation attorney to get all the details.
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Q: As an independent contractor, can I be required to purchase a workers comp insurance policy by the business owner?

1 Answer | Asked in Business Law and Workers' Compensation for Illinois on
Answered on Jan 17, 2018

As an independent contractor, do you have any employees? If not, the only person the policy will protect is you, and then only if you insist on a rider covering yourself. The situation sounds strange, but their insistence that you have a policy isn't illegal.
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Q: Cervical fusion in 04 and Work Comp settled with stip for future med. Treating ~ '18 for >pain. WC started denying care.

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Jan 17, 2018

It sounds like your case is under California law. You might need to consult with a lawyer licensed in California. If you claim was filed in Texas, you have the right to contact the OIEC and request a BRC hearing. OIEC would be able to answer some basic questions. It will be hard to get an attorney due to the age of your case. Most attorneys will speak to you over the phone for free to offer some general advice.
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Q: Had shoulder surgery and at Statutory MMI. went to DD Shoulder in sling want move how does he give IR

1 Answer | Asked in Workers' Compensation for Texas on
Answered on Jan 17, 2018

If you are at Statutory MMI, the doctor must rate you. He will take measurements based upon your current physical abilities -- even if you are in a sling. This is the rating that will be used. You have the right to challenge the rating with your own rating if you do not agree with the designated doctor's assessment.
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Q: WC Attorney wants me to sign an agreement which allows them to charge me money if they quit the case - is that normal?

2 Answers | Asked in Workers' Compensation for Georgia on
Answered on Jan 17, 2018

Most workers comp attorney fee contracts provide a process, consistent with Georgia law, for an attorney who no longer represents an injured worker to petition the SBWC for attorney fees out of the settlement. Ask the lawyer you’ve consulted with to explain the process to you and make your decision from there.
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Q: I am a FL resident, truck driver for a company based in GA. What state laws would I follow for WC?

2 Answers | Asked in Workers' Compensation for Georgia on
Answered on Jan 16, 2018

It depends on where your accident occurred. Hopefully, in Georgia. Georgia‘s laws are much better for injured workers and our Florida’s.
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Q: What should you do if workers comp has a lien on your file and is haulting your lawsuit even though the claim was denied

2 Answers | Asked in Wrongful Death and Workers' Compensation for California on
Answered on Jan 16, 2018

Your attorney should be answering these questions and/or challenging the workers compensation lien in court.
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