Workers' Compensation Questions & Answers by State

Workers' Compensation Questions & Answers

Q: If your on works mans comp and you quit the company too go work somewhere else is that ok

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

Answered on May 23, 2015

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Timothy Belt's answer
I am not sure what you mean by ok, but there isn't a law against it. Such a move should not have any immediate affect on your medical benefits, but it could have serious impact on your present and future rights to wage loss benefits. For a more complete answer, you would need to contact an attorney and review the specific details of your situation.

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Q: If your on works mans comp and you quit the company too go work somewhere else is that ok

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

Answered on May 23, 2015

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Timothy Belt's answer
I am not sure what you mean by ok, but there isn't a law against it. Such a move should not have any immediate affect on your medical benefits, but it could have serious impact on your present and future rights to wage loss benefits. For a more complete answer, you would need to contact an attorney and review the specific details of your situation.

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Q: what if I cant do the job because of pain after dr released me back to work.

1 Answer | Asked in Workers' Compensation for Pennsylvania on May 21, 2015

Answered on May 21, 2015

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Timothy Belt's answer
You can talk to the doctor and explain the issues you are having. He may reinstate work restrictions. If you are not comfortable with this doctor, you can obtain a second opinion.

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Q: If I am on Workman's Compensation and I am still injured and out of work, do I have to take a settlement? 1.5 years off.

1 Answer | Asked in Workers' Compensation for Pennsylvania on May 20, 2015

Answered on May 21, 2015

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Timothy Belt's answer
You never have to settle your case. You cannot be forced to settle your case.

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Q: If I do not have transportation to my doctors appointment for a workers comp claim, must my employer get me there?

1 Answer | Asked in Workers' Compensation for Pennsylvania on May 19, 2015

Answered on May 21, 2015

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Timothy Belt's answer
This is not a straight yes or no question. If you can demonstrate that you have no access to public transportation and there is no way that you can obtain medical treatment without the employer or its carrier providing transportation, there is case law that indicates they may be required to do so. This question is very fact sensitive and it is unlikely that your employer or its workers' compensation carrier will simply volunteer to provide the transportation. You may need to litigate the...

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Q: what if i can not return to the same line of work

1 Answer | Asked in Workers' Compensation for New York on May 18, 2015

Answered on May 18, 2015

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John M DeProspo's answer
Do you have a workers compensation lawyer representing you? If yes, you should direct your question to him or her. If you do not have a lawyer, you should contact one regarding representation.

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Q: I was being treated For a back injury at work , I was informed my claim was denied. I can appeal but what do i do?

1 Answer | Asked in Workers' Compensation for Pennsylvania on May 15, 2015

Answered on May 17, 2015

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Timothy Belt's answer
You would need to file a Claim Petition. The process is long and complicated. You can certainly attempt to do this on your own, but few non-attorneys have the knowledge or expertise to successfully file the necessary petitions, examine and cross examine medical and fact witnesses, and then write a brief. Your best bet is to contact a local attorney that specializes in workers' compensation law to assist you with your claim.

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Q: I had and fce and I am at mmi my dr said I can't return to my former job I can only do sededentry work I was terminated

1 Answer | Asked in Workers' Compensation for Pennsylvania on May 16, 2015

Answered on May 17, 2015

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Timothy Belt's answer
They may contact you, they may not. If your employment was terminated while you were still under work restrictions, you enjoy a rebuttable presumption that your loss of earnings is due to the work injury entitling you to wage loss benefits. If you were terminated for a rule violation, the employer may dispute your entitlement to benefits. If you have an attorney, you should make him aware of the situation. If you do not have an attorney, this would be a good time to consider getting one.

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Q: I settled my workmans comp case and signed a contract not to file for any future injuries, can I file a new injury?

1 Answer | Asked in Workers' Compensation for Alabama on Dec 14, 2014

Answered on May 13, 2015

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Joseph A Ingram's answer
Yes you may file a new claim if it is a new injury not to the same body part. Please call if i can help Ingram Law LLC 205-335-2640

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Q: I still havent returned to work and workmans comp wants to speak to me at work is this normal

1 Answer | Asked in Workers' Compensation for Alabama on Apr 13, 2015

Answered on May 13, 2015

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Joseph A Ingram's answer
Generally, if you have filed a claim, and are receiving temp disability pay, then you should not speak with your employer. However, I presume you do not have a lawyer at this point. Sometimes the insurance nurse or caseworker may want to speak with you about your injury before determining a referral specialist. You have a right to pick from a panel of three physicians.

I would be glad discuss your case with you, my practice is about 50% workers' compensation claims. Ingram Law...

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Q: Settlement letter from my attorney.

1 Answer | Asked in Workers' Compensation for California on May 11, 2015

Answered on May 13, 2015

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John M DeProspo's answer
Your lawyer is the only one who knows what's going on. Keep trying to call him... sent him emails.. if need be, send him a certified letter asking that he call you immediately.

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Q: I have to have carpal tunnel surgery and my surgery is already scheduled I have used my insurance to pay up to this

1 Answer | Asked in Workers' Compensation for New York on May 13, 2015

Answered on May 13, 2015

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John M DeProspo's answer
If your injury is work related, you should contact a workers compensation lawyer ASAP.

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Q: Live in FL, co based in GA w/office in FL Hurt in MN. Cant get docs 2 accept out of state workers comp. Any suggestions?

1 Answer | Asked in Workers' Compensation for Florida on May 10, 2015

Answered on May 13, 2015

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Robert Jason De Groot's answer
Get an attorney on your side. It seems to me that since the injury occurred in MN, you need one there.

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Q: Accidently slipped and fell on sidewalk with walker. Caused pain to my workers comp injury but not serious. Could they

1 Answer | Asked in Workers' Compensation for Florida on May 12, 2015

Answered on May 13, 2015

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Robert Jason De Groot's answer
Ask your worker's comp attorney about this. No, they probably cannot do that.

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Q: Does Rhode Island compensate injured workers for milage accrued for doctors visits and rehab?

1 Answer | Asked in Workers' Compensation for Rhode Island on Apr 28, 2015

Answered on May 12, 2015

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Neville Bedford's answer
These are great questions to discuss with the attorney handling your Worker's compensation case. These items would usually be minimal when compared to the actual medical costs and the pain and suffering, along with lost wages.

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Q: The doctor I saw limited my hours I am allowed to be at work. Does workers comp have to pay me the difference?

1 Answer | Asked in Workers' Compensation for Pennsylvania on May 8, 2015

Answered on May 10, 2015

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Timothy Belt's answer
If you are missing time from work as a result of your work injury you may be entitled to 2/3 of the difference between your time of injury average weekly wage and your actual gross earnings.

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Q: I broke my elbow at work. The Dr is awful. I need to go to another Dr. But they say no. What do I do?

1 Answer | Asked in Workers' Compensation for South Carolina on Apr 22, 2015

Answered on May 6, 2015

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Andrew "Andy" Potter's answer
You need to speak with an experienced workers compensation lawyer in your area immediately. He or she can get you to another doctor and also make sure that your rights under the SC workers compensation law are protected. Hire an attorney immediately.

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Q: I settled a workers comp claim and I have yet to receive my money but they closed my medical already.

1 Answer | Asked in Workers' Compensation for Ohio on Jan 26, 2015

Answered on May 5, 2015

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Ed Malek's answer
Seek answers to these questions from an experienced immigration attorney.

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Q: I hurt my ankle at work, am off work now for two weeks may have to have surgery... Did not report it as a work injury ca

1 Answer | Asked in Workers' Compensation for Pennsylvania on Apr 30, 2015

Answered on Apr 30, 2015

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Timothy Belt's answer
You have up to 120 days from the date of injury to report a work injury in Pennsylvania; however, you are better off reporting it as soon as possible. If I read your question correctly, it has been roughly 14 days since your injury, so yes you can and should still report it.

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Q: I was injured while at work and getting surgery, can I change shifts if so where can I find information to prove this

1 Answer | Asked in Workers' Compensation for Pennsylvania on Apr 27, 2015

Answered on Apr 27, 2015

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Timothy Belt's answer
There is nothing in the Workers' Compensation Act that requires an employer to change your shift to accommodate your school schedule or for any other reason. If your injury has been accepted through the proper document, whether or not you quit your job will not prevent you from receiving medical treatment; however, it could prevent you from receiving wage loss benefits. I would strongly suggest that you fully review your claim with a workers' compensation attorney in your area before taking...

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