Lawyers, Answer Questions  & Get Points Log In
Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Texas on
Q: Is an employer liable for not rendering aid after complaints of chest pains were reported to supervisor?

I reported chest pains while at work to the Lead and supervisor and no emergency assistance was provided even though management was aware of the fact that I have a cardiac history. I had a major heart attack and unable to return to work for 2 years now. This will cause me to take early retirement.... Read more »

Roy Lee Warren
Roy Lee Warren answered on Dec 12, 2019

I'm sorry for your troubles and the way you were treated.

To answer your question I do not believe there is anything you can do at this point because the employer has immunity, unless you dies as a result of "gross negligence". Failure to render assistance could rise to gross negligence...
Read more »

1 Answer | Asked in Workers' Compensation for Nebraska on
Q: If I dont agree to settle my WC case, how is my attorney compensated. They work on contingency? Is there an accounting?

I have been declared total permanently disabled. And recieve a weekly payment.

Julie Fowler
Julie Fowler answered on Dec 9, 2019

In a contingent fee case, the attorney is generally paid either from the settlement or from the award at trial. If the matter goes to trial and no compensation is awarded, then the attorney would not be paid attorney fees, although the client might still be responsible for some court costs (expert... Read more »

2 Answers | Asked in Workers' Compensation for Georgia on
Q: Can I change my demand value before mediation
T. Andrew Miller
T. Andrew Miller answered on Dec 7, 2019

Yes. Although taking that action may lower your chances of getting a settlement agreement. A mediation is just a negotiation. Consult and experience Worker’s Compensation attorney to come up with the best strategy for your settlement negotiation.

View More Answers

1 Answer | Asked in Workers' Compensation for Georgia on
Q: After having an FCE and have permanent restrictions can you still have a 0 impairment rating?

Had an invasive Surgery done. TFCC with the removal of a ganglion cyst that I'm still recovering from

Michael Richard Moebes
Michael Richard Moebes answered on Dec 6, 2019

It doesn't seem fair, but if an insurer-leaning therapist gave the FCE (or an insurer-leaning doctor who's reviewing the FCE and assigning the rating), he/she may very well assign a 0% rating, yes.

1 Answer | Asked in Workers' Compensation for Illinois on
Q: Can I retire and not effect my workers com case while my case is being appealed
James G. Ahlberg
James G. Ahlberg answered on Dec 6, 2019

This is a question to ask the lawyer handling your workers' compensation appeal. He or she may be aware of circumstances that determine the answer. As strangers to your case we don't have access to those facts.

7 Answers | Asked in Workers' Compensation, Employment Law and Personal Injury for Pennsylvania on
Q: Does liability insurance coverage, cover wage compensation or just medical?

I slipped and hit my head at my place of employment but was not on the clock. ER diagnosed me with a concussion and whiplash. I've been off work since Nov. 8th. My employer said her insurance doesnt cover missed wages.

Mark Scoblionko
Mark Scoblionko answered on Dec 5, 2019

You should consult a worker's compensation lawyer to see if you have a worker's compensation claim even though you were not on the clock. Secondly, if you fell because of the employer's negligence, the employer's liability insurance would potentially be responsible for lost earnings. However, you... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Maryland on
Q: My question is someone is claiming to be hurt through workers compensation, how do you report it?
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 26, 2019

Maryland employers should post in the workplace information about Workers Comp, but an injured employee can always contact the Workers Compensation Commission.

Alternatively, an injured employee can reach out to an attorney practicing in this area of law.

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Fired due to attendance currently have an eeoc case open do I have a case?

I was let go due to attendance while on probation I was out for approximately 10days due to an illness I have doctor's notes when I returned to work I had a modified work letter but was denied work and was let go due to attendance my modified work letter states that if employer can not accommodate... Read more »

Neil Pedersen
Neil Pedersen answered on Nov 23, 2019

Far more would have to be learned about your situation to know if there is a violation of the law by this employer. There are conceivable circumstances that would make the employer's actions here lawful or unlawful. The nature of your illness, the timing and content of communications with the... Read more »

1 Answer | Asked in Workers' Compensation for Arizona on
Q: Can I still get compensation if I didn't seek medical attention right away?

I injured my back at work nearly a year ago. At the time, I thought it was minor, so I didn't report it or seek medical attention. However, months later, it is still causing pain and limiting my activities at and outside of work. I realize in hindsight that it was more severe than I had originally... Read more »

Joel Friedman
Joel Friedman answered on Nov 19, 2019

You have one year from the date of the injury to file a claim at the Industrial Commission of Arizona (ICA). You can still do that if you are actually less than 365 days out. The more serious problem from your message is that you did not report the incident or what you thought might be an injury,... Read more »

1 Answer | Asked in Workers' Compensation for California on
Q: Am I required to submit my W2 to the Workers Comp insurance to continue to receive my PPD payments.

I assume they want to see if I am making more money now than before my injury. The injury was in California in 01/2005.

Ronald Mahurin
Ronald Mahurin answered on Nov 19, 2019

The carrier wants to verify your income and establish that you did in fact work for a specific employer. The easiest way to do this is to provide a copy of your employer's W2. It is very common in workers' compensation.

1 Answer | Asked in Workers' Compensation for Mississippi on
Q: I filed a workers comp claim on hearing loss, I had an independent Audiology hearing test and the findings were 31.3%

Binaural hearing loss, I'm 55yrs old and make about 1000 a week..Rough guess about what I should expect from workers comp. Never filed a claim before...Thanks

Arthur Calderon
Arthur Calderon answered on Nov 17, 2019

You should really consider reaching out to a lawyer sooner rather than later, as WC claims can be very tricky, and the chances of a more favorable recovery go up dramatically with a lawyer. The calculations are based on statute, but the ultimate determination as to a possible award hinges on... Read more »

2 Answers | Asked in Workers' Compensation for Pennsylvania on
Q: I sustained an injury at work doing tasks outside normal scope of work. Company DR cleared me but I'm still in pain.

I was cleared full duty after one visit but what makes my injury hurt the most is sitting which is 90% of my job.

Timothy Belt
Timothy Belt answered on Nov 15, 2019

You should have received a list of doctors to pick from in regard to your treatment. If you did not receive this list, you are free to see a doctor of your own choosing. I would suggest that you contact a local workers' compensation lawyer to discuss the specifics of your case and the options... Read more »

View More Answers

2 Answers | Asked in Workers' Compensation for Texas on
Q: What do I do when a MD turns in medical report of my Examination to TDI/WC but I was absent in this examination?

The DWC-73 document doesn't have my signature to it but it was turned in as if I was medically examined?

S. Michael Graham
S. Michael Graham answered on Nov 12, 2019

Most DWC 73s are turned in without the patient's signature. I would agree you should be physically examined in most cases. I would ask you to speak to your doctor. Workers' comp does have a formal process to file complaints that is on-line. It's called the division of compliance and practices. When... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Florida on
Q: Thank you all for answering my question about whether or not to have a surgery that I was waiting on authorization for

when I was terminated. I was not on medical leave when the termination happened. I was at work. That is why I'm concerned about going forward with the surgery. Florida is a right to work state, and an employee can be terminated with or without cause. In my case it was without cause. But, that's a... Read more »

Mitchell Feldman
Mitchell Feldman answered on Nov 12, 2019

Well certainly if the termination is retaliatory it would be unlawful and depending upon facts there may be numerous other laws at issue, so again I encourage you to get your situation reviewed by counsel and you may as well contact me if you choose

1 Answer | Asked in Personal Injury, Workers' Compensation, Health Care Law and Medical Malpractice for Texas on
Q: What I need to do when I can prove Texas worker's comp Dr's are biased with their diagnosis?

As of 6/18/2018 I have not had one Dr from 3 different clinics explain to me about my 40+ work injuries and current.

Prior to work injury I was being treated for Colonoscopy with out any problem. After work injuries, the Dr's have deliberately failed to properly diagnose my injuries by... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 11, 2019

I'm sorry for your ordeal here, both in terms of your catastrophic injury and the treatment-related issues that followed. Your question has not been picked up for four weeks. You don't need anyone to tell you that you should speak with a workers' comp attorney on these issues; you probably already... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: Hello, I was injured at work and the company approved doctor said that I needed surgery. They submitted the paperwork

for authorization. While waiting for the authorization I was let go from my job. I just received notice from the doctor's office that the authorization had been approved. And they wanted to move forward with the surgery. Am I still allowed to proceed with the surgery? I don't want to be hit with a... Read more »

Mitchell Feldman
Mitchell Feldman answered on Nov 11, 2019

If the workers compensation carrier has authorized the surgery, and you have not received any notice of denial of benefits, then yes of course the carrier should be paying 100% for all medical treatment and the surgery. The fact that you were let go, assuming because you could not return to work... Read more »

1 Answer | Asked in Workers' Compensation for Iowa on
Q: A previous employer still hasn't paid me, it's been 6 months. What can I do? I was told to seek a worker's comp lawyer.

I started working for a person as a dispatcher. It's been 6 months and she is now saying I was an "independent contractor" which was never discussed. She has yet to pay me what is still owed. She also has done this to another lady as well stating that the other lady is an "independent contractor".... Read more »

Erik Luthens
Erik Luthens answered on Nov 7, 2019

If you were working in Iowa or for an Iowa based company, you should immediately contact an Iowa attorney who handles workers’ compensation and employment law matters.

1 Answer | Asked in Workers' Compensation for California on
Q: what does this mean ? I just received the approved c&r . At the bottom it has this verbiage

Notwithstanding any language to contry in the Compromise and Release and any addenda , this order does not foreclose the applicant’s right to SJDB for injuries occurring on or after 1/1/2013

Steven James Foster
Steven James Foster answered on Nov 7, 2019

It means the Compromise and Release did not settle any right you may have to a Supplemental Job Displacement Benefit.

https://www.dir.ca.gov/dwc/SJDB.html

1 Answer | Asked in Workers' Compensation for Texas on
Q: How long is the wait to receive my worker's compensation check

The injury happened at work and was being looked at by a Doctor through worker's comp and then he discharged me saying there was nothing else he can do for me so now I got a worker's comp lawyer and went to another Doctor only to be ridiculed by him saying that I was over weight and that my back... Read more »

Roy Lee Warren
Roy Lee Warren answered on Nov 4, 2019

If your medical provider has you off work the insurance carrier has 7 days to pay or dispute. It has 15 days to investigate to determine if you have a compensable injury.

The law provides as follows: An IC is liable for accrued benefits if it fails to dispute compensability of the injury...
Read more »

1 Answer | Asked in Workers' Compensation for Colorado on
Q: Can I go to the er before an actual claim is filed?

I fell on the job due to negligence of a third party. I informed my boss immediately. He is asking me to wait until Monday to do anything about us. My tailbone and hips are excruciating. I can’t walk very well and going from standing to sitting and vice versa hurts so bad that I don’t want to.... Read more »

Brian Michael Bradford
Brian Michael Bradford answered on Nov 4, 2019

As a matter of practice, we always think that our clients should prioritize their medical treatment. Sometimes this means going against the wishes of a boss, or even a spouse, but at the end of the day, your health is paramount. Moreover, getting medical treatment sooner rather than later can... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.