Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: can ny comp carrier NYSIF collect my medical records from my pcp and other doctors i see?

1 Answer | Asked in Workers' Compensation for New York on
Answered on May 3, 2016

They are entitled to those records if they provided treatment related to the accident.
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Q: was released back to work by my doctor,have been working five weeks, do I need to see an IME doctor for the insurance Co

1 Answer | Asked in Workers' Compensation for New York on
Answered on May 3, 2016

If you don't go, you will be cut off from future treatment.
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Q: Can I switch from workers comp insurance to regular insurance for my injury if my Dr stops taking workers comp?

1 Answer | Asked in Workers' Compensation for New York on
Answered on May 3, 2016

If you received treatment outside of what is authorized by workers' comp, they could cut you off. I would consult with a local WC attorney.
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Q: I worked at GE beginning to complain around Aug 2015. My work put me off work on Dec 2015 to investigate my hands.

1 Answer | Asked in Employment Law and Workers' Compensation for Georgia on
Answered on May 1, 2016

You need to hire a good Workers Compensation Attorney and fire for Workers Compensation before you lose your rights by doing something wrong or letting the time lapse too long. GE will not take care of you nor will their insurance company so you have to have an attorney to speak for your and watch our that your rights are not violated.
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Q: I have researched some information that you indicated were needed and I'd like to ask a follow up question if I may?

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Answered on Apr 29, 2016

I hate to guess, but assuming that there is a Notice of Compensation Payable, and the Petition to Terminate was the next document filed, there may well be any issue with a unilateral suspension/termination of benefits from 1/27/16 forward.
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Q: My wc ins co stopped my benefits Jan 29 but just now filed petition to terminate my benefits based on the Jan 6 IME

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Apr 28, 2016

You need to get a lawyer immediately. To answer your question, a review would need to be made of the documents which were actually filed with The Bureau of Workers' Compensation in Harrisburg. Once it is determined what document is controlling, it could be further determined what if any benefits are outstanding. Furthermore, if the carrier simply stopped paying without a legal bases to do so, you could be entitled to penalties of up to 50% of the unpaid benefits.
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Q: How long after you settle the WC case does the ins comp have to pay outstanding med bills?

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Apr 27, 2016

Medical bills must be submitted for payment using the appropriate billing forms with attached treatment records before the carrier has an obligation to pay. Simply sending the invoices or collection letters is not enough. Once the proper documents have been submitted, the carrier has 30 days to make payment.

In this type of situation, I would normally confirm that the medical providers have the correct billing information and that the bills have been submitted for payment on the...
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Q: I work for an airline. I was on a bus from airport to airplane when I got hurt.

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Answered on Apr 27, 2016

This sounds like a straight workers' compensation case.
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Q: How do I find out if my former employer has workman's compensation?

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Workers' Compensation for Texas on
Answered on Apr 22, 2016

The situation does not look good for you based on the facts presented. You should consult with a worker's compensation attorney and / or employment attorney. In most instances, an employer will disclose its worker's compensation coverage. It may well be that there is no coverage in place. Most personal injury and worker's compensation provide a free consultation. As for employment law attorneys, some charge a consultation fee. Good luck.
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Q: I was told by my Doctor I was able to go back to work...then I reinjured my leg the next day.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Answered on Apr 21, 2016

If you are not satisfied with the treatment you are receiving, you may want to consider changing doctors.
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Q: Choosing a dr.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Apr 21, 2016

You are correct that you get to choose from the list. That being said, many doctors on the list may not be appropriate for your injury which can reduce the overall list to choose from. For example, you don't want to go to a podiatrist for a shoulder injury.
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Q: How do I find a doctor to do my rotator cuff surgery? I work part time and do not have insurance.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Apr 21, 2016

You do have insurance. You have workers' compensation insurance. Your lawyer should be able to provide you with the carrier's information including the insurance companies name, address and your claim number.
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Q: I have a shoulder injury, I suppose to off, my employer call the doctor to change work note, can they do that

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Apr 21, 2016

They can call and depending on what authorizations you have signed, the doctor may be permitted to talk with them; however, it is the doctor's decision whether or not he is going to change the restrictions.
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Q: Follow up to my question yesterday.

1 Answer | Asked in Employment Law and Workers' Compensation for Pennsylvania on
Answered on Apr 19, 2016

The panel requirements only apply for the first 90 days, so if you don't like what their doctor says, you stop seeing them after the 90 days is over. As to the second part of your question, you really can't force them to adhere to your doctor's recommendations. You may be able to collect wage loss benefits under workers' compensation if they do not provide suitable work, but to do that you would have to pursue the workers' compensation claim.
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Q: Can my employer make me see another dr?

1 Answer | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Answered on Apr 18, 2016

Pursuant to Pennsylvania Workers' Compensation law if the employer has a proper panel of physicians and they provided you with proper notice of the panel, you must treat from the panel during the first 90 days after the work injury if you want the employer to be responsible for payment of the bills. Since you are not seeking payment of the bills, that really doesn't matter to you; however, your employer also appears to be saying that they will not provide you with light duty work unless you...
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Q: I had surgery on my great toe and have a plate and screws in it am i entitled to a ir

1 Answer | Asked in Personal Injury and Workers' Compensation for Texas on
Answered on Apr 18, 2016

Your inquiry was cut off or incomplete. You should contact a local worker's compensation attorney who will know the benefits that you are entitled to. Most worker's compensation attorneys will provide you with a free consultation with no obligation to retain the attorney. You should make sure that the worker's compensation carrier is taking care of its obligations and treating you properly.
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Q: My Dad worked for the railroad and now has lung cancer. He worked around diesel exhaust. Can he sue the railroad?

1 Answer | Asked in Personal Injury and Workers' Compensation for Illinois on
Answered on Apr 15, 2016

Yes - if he was exposed to diesel exhaust at work he may very well have a case. Diesel Exhaust is now considered a carcinogen by the World Health Organization. He would need to bring his action under the Federal Employers Liability Act. If he rode on locomotives, the Locomotive Inspection Act and Code of Federal Regulations will come into play as well. These are complicated toxic tort claims however, so make sure that you retain counsel who is very familiar with both FELA law and toxic tort...
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Q: What happens if your not sheduled for evaluation within 26weeks after my last treatment and back to work

1 Answer | Asked in Workers' Compensation for Maryland on
Answered on Apr 15, 2016

It is difficult to pinpoint exactly what you are asking. If you are referring to the defense evaluation they are not obligated to schedule one. If you are referring to the evaluation by you or your attorney this should be done very soon. Contact your attorney and tell him or her that you have been discharged for quite a while and would like to get rated. There may be some reason why your evaluation has not been scheduled. If that is the case ask your attorney for some explanation....
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Q: I hurt my knee on the job on the FD and forced to resign, im on work comp, should I be getting a settlement?

1 Answer | Asked in Employment Law and Workers' Compensation for New Mexico on
Answered on Apr 14, 2016

In certain situations, the New Mexico Workers' Compensation Act, NMSA § 52-1-28.2, prohibits the employer from retaliating/terminating/pressuring resignation after an employee sustains a workplace injury and/or makes a claim for Workers Compensation benefits. Whether it applies to you would depend on the details of your employment, injury, and situation.
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Q: My fiance fell on ice at work in January 2015. he fell on his neck. There were 2 possibly 3 witnesses. he didn't report.

1 Answer | Asked in Workers' Compensation for Pennsylvania on
Answered on Apr 14, 2016

It is best to report the injury as soon as possible, but so long as it is reported within 120 days that is sufficient to establish proper notice. Notice is not necessarily filling out an accident report. If you can establish a manager or other supervisor were actually aware of the injury within the 120 day period, this may be enough. Furthermore, if he has continued to work after this injury with a worsening of his condition, their may be a secondary repetitive use injury to consider. I...
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