Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: Should I worry about a letter to return to work from my employer?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Mar 22, 2015

Answered on Mar 24, 2015

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Timothy Belt's answer
Since you have a lawyer, you should discuss this matter with him. There are many strategies that are utilized on both sides of a workers' compensation claim. Your lawyer is in the best position to let you know the significance, if any, of this development and how it should be addressed.

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Q: My case manager wants t o come to my next Dr apt. Is this allowed? I am able to say no to her when she ask to come to

1 Answer | Asked in Workers' Compensation for Pennsylvania on Mar 23, 2015

Answered on Mar 24, 2015

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Timothy Belt's answer
First you are you not required to cooperate with a nurse case manager. You can tell them not to call and specifically tell your doctor that they should not talk to the case manager. You are not required to allow them to attend your doctors appointments. You can say no.

That being said, case managers tend to provide unrepresented injured workers with legal opinions that are not accurate and they also try to bully the injured worker if they do not get there way. If you have a lawyer,...

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Q: I have been on WC since October for a back injury. I was referred to a Nuerosurgeon (it took me 2 months to see them) he

1 Answer | Asked in Workers' Compensation for Virginia on Mar 6, 2015

Answered on Mar 24, 2015

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Jan F Hoen's answer
Your work status depends on whether a treating physician has you on a "no work" or restricted duty status. If you have restrictions, your employer must accommodate them with suitable employment at the same rate of pay or else pay the differential. If you have been released to return to work, you need to go back and resume your position. If you are physically unable to do so, you need to request a hearing on the denial of treatment and should retain counsel.

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Q: Im on workers comp for bulging disk . If i don't want comp anymore can i ask for a settlement?

1 Answer | Asked in Workers' Compensation for Florida on May 22, 2014

Answered on Mar 23, 2015

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Robert Jason De Groot's answer
Whenever you have a worker's compensation issue, the best thing to do is to see an attorney who primarily does that type of work.

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Q: How many days do a person have to miss in order to get workers comp?

1 Answer | Asked in Workers' Compensation for Georgia on Mar 11, 2015

Answered on Mar 19, 2015

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Julie A. Rice's answer
If you were injured on the job and you were an employee (vs. an independent contractor), then you don't need to miss any days of work in order to proceed with a workers' compensation claim. In fact, may injured employees do go back to work following an injury only on light duty until they are well again. If you are missing work due to an injury and you can't do any work for the company b/c of your injury or the company won't offer you light duty, then you should seek the assistance of a...

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Q: What is the average time frame for a WC judge to decide a 'same injury' case?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Mar 18, 2015

Answered on Mar 18, 2015

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Timothy Belt's answer
There is no average time. Judge's vary in regard to how fast they generate decisions and even the same judge may take more or less time on a particular decision depending on their current work load. Your lawyer may be able to give you an estimate in regard to your particular judge, but it will only be an estimate and the actual time may be more or less than that estimate.

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Q: I hurt my back almost a month now at work . I have been going to there comp doctor. He told me nothing more he can do .

1 Answer | Asked in Workers' Compensation for Pennsylvania on Mar 17, 2015

Answered on Mar 18, 2015

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Timothy Belt's answer
If you are missing time from work to attend medical appointments, you must attempt to schedule the appointments outside of working hours or so that you miss as little time from work as possible. If you are unable to schedule the appointment outside of working hours and you have minimized to the extent possible the lost time from work, then you have a potential claim for workers' compensation wage loss benefits in regard to the time missed.

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Q: Workman's comp.injured at work in Pa. But I live in Ohio where is claim filed Pa has said they do not pay for first week

1 Answer | Asked in Workers' Compensation for Pennsylvania on Mar 12, 2015

Answered on Mar 14, 2015

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Timothy Belt's answer
If the injury was in PA you can file in PA. As to not paying the first week, that is only true if you are out of work for less than 2 weeks, and it only applies to wage loss not medical benefits. Once you are out of work for 2 weeks, you are potentially entitled to wage loss from the date of injury forward.

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Q: I signed a release of medical information (releasing all information pertaining to or not pertaining to the claim).

1 Answer | Asked in Workers' Compensation for Florida on Jul 3, 2014

Answered on Mar 9, 2015

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Robert Jason De Groot's answer
There are not enough facts here to answer your question fully. For instance, if you want advice concerning a document, any attorney needs to actually see the document.

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Q: Am I allowed to change my hours of availability at work while on partial wc?

1 Answer | Asked in Workers' Compensation for Pennsylvania on Mar 3, 2015

Answered on Mar 4, 2015

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Timothy Belt's answer
It can impact your partial wage loss benefits. If the employer has work available within your restrictions and you are unable or unwilling to work those hours due to factors unrelated to your work injury, then the employer is free to argue your loss of earnings is also unrelated to your work injury. You are only entitled to compensation for loss of earnings related to your work injury so this missed time would not be compensable which would reduce or possibly eliminate your wage loss benefit...

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Q: Is one bound by law in Fla. to sign work injury waiver? Does waiver remove company's liability for work injury?

1 Answer | Asked in Workers' Compensation for Florida on Mar 3, 2015

Answered on Mar 4, 2015

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Robert Jason De Groot's answer
This does not sound right at all. Go see an attorney about this problem.

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Q: Is there any legal way to stop the 20% contingency fee after 18 years with no court proceedings.

1 Answer | Asked in Workers' Compensation for Pennsylvania on Mar 2, 2015

Answered on Mar 3, 2015

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Timothy Belt's answer
I do not want you to feel that this question is being ignored; however, this is a contractual matter between you and your attorney, and I am simply not comfortable interfering with that relationship. My only suggestion is that you discuss your concerns with your attorney. You may be surprised how much time he has involved in taking your calls and dealing with the insurance carrier to keep your benefits coming uninterrupted over the last 18 years. Frankly, even in cases with very serious...

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Q: Does accepting a new job while on WC end my treatments and benefits? Does my old job still have to pay for my treatment?

1 Answer | Asked in Workers' Compensation for Florida on Jul 18, 2014

Answered on Mar 2, 2015

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Robert Jason De Groot's answer
This question would just sit here for years, and I hope you have found an answer by now.

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Q: I received a hernia from working on my job and I will be having surgery. Can I sue the company for that

1 Answer | Asked in Workers' Compensation for Florida on Jul 15, 2014

Answered on Mar 1, 2015

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Robert Jason De Groot's answer
It was an injury sustained on the job. The employer has insurance for this, right? Go see a worker's comp attorney about this.

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Q: How can a person reopen a settled workers comp case

1 Answer | Asked in Workers' Compensation for Florida on Feb 26, 2015

Answered on Mar 1, 2015

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Robert Jason De Groot's answer
Ask a worker's comp attorney. The answer that I have is probably not.

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