Get free answers to your Workers' Compensation legal questions from lawyers in your area.
Your current state is Virginia
I worked in their warehouse bakery I was fired after 13 years because of a drug addiction that I had so the guilt in me did not try to collect compensation I know the statue of limitations is probably up it's been since 2001 but I'm still having respiratory issues is there anything I can... View More
answered on Oct 3, 2024
You are right that the applicable limitations period is PROBABLY expired, but reliable legal advice on whether any particular issue/dispute definitely is or is not still within the applicable limitations period is something that must be asked for by picking up the phone and speaking directly to a... View More
I have two separate doctor's and only one has submitted a final report. The agent said she doesn't believe either FCE doctor nor my spinal doctor.
WC Agent, without notice sent me a termination letter 2 weeks after being terminated for APD benefits. I have two doctors and she... View More
answered on Oct 3, 2024
Hi there,
Your question is actually quite complex. In a California workers' compensation case, there are different scenarios where you will receive permanent, partial disability payments. The maximum rate of these payments is $290 per week. The length of time you receive these... View More
I had over 100 pounds of box’s fall on top of me while delivering to a store. It not happend once but twice. I injured my right shoulder lower back neck and upper extremity. I had surgery on my right shoulder. I went to a QME and was given 35% full body permanent disability. 3% was my shoulder I... View More
answered on Sep 25, 2024
So you had surgery on a shoulder and were given 3%, the rest or 32% pertains to your low back and neck. Something is off. In fact, your question cannot be answered because there is not enough information. For example, are you close to Medicare age? If so, there must be a medicare set aside. If... View More
My husband drives tractor trailers and was sent to the clinic by his employer for pain radiating from his back/chest and shoulder down his arm. They said it was a shoulder strain (even though he doesn't do any lifting) and put him on light duty. 5 days later, he went to the ER after work and... View More
answered on Sep 23, 2024
To be compensable under the Illinois Worker's Compensation Act, an illness or injury must be caused or contributed to by a person's work. On your facts, your husband does no lifting or other strenuous work beyond driving. On your facts, your husband's heart attack cannot be... View More
My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More
answered on Sep 9, 2024
While you are always free to fire and then hire a new workers' comp attorney, the 2nd attorney will, in many cases, not be willing to represent you because you have to make sure your first attorney doesn't have a big attorney fee bill that needs to be satisfied first. Attorneys like to... View More
My accident is work related. The forklift was pulling on a bundle of conduit and the Strap Broke, While i was in the trench, caught me blind sided. I was treated by the ambulance and fire dept. The initial MRI showed i had suffered brain tissue was swollen and a brain tumor was diagnosed. My... View More
answered on Sep 9, 2024
A client can fire his own attorney at any time for any reason. The old attorney will still be entitled to compensation for services rendered up to the date of his termination. A new attorney often will not agree to take over a case until you have first paid the previous attorney as agreed.
I have lifetime medical through Texas mutual workers Comp insurance and after five or six surgeries to my foot it finally had to be amputated. Am I entitled to further compensation for the loss of a foot
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answered on Sep 9, 2024
You are still entitled to reasonable and necessary medical care only. If you have not had an impairment rating and/or it's still within 90 days, you could challenge the rating and obtain a higher rating. I don't know if you have other injuries, that would qualify you for lifetime income... View More
Physician ordered head CT scan and was approved by WC.
answered on Sep 4, 2024
It is illegal to terminate an employee in retaliation for filing a WC claim. The timing raises the suspicion that you were terminated for filing your workers compensation claim. Of course, there may be other legitimate reasons why you were terminated. For example, an employee may be terminated... View More
I have since retired from my job. originally the claim was for both wrists, but surgery was done on only one. It is back in both wrists. Not looking for more money, just maybe help with medical. Do I have any options?
answered on Aug 30, 2024
In Nevada, the Workers' Compensation system allows for the reopening of claims, even after a significant amount of time has passed since the settlement of the original claim. Because your carpal tunnel condition has returned, you should seek medical assistance.
To reopen a claim, you... View More
If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?
answered on Aug 15, 2024
An Illinois attorney could advise best, but your question remains open for two weeks. I'm sorry this happened. If the nurse you describe is yourself, I hope you are okay. It could depend on injuries, time lost from work, level and permanence of any disability incurred, and other factors. One... View More
If a nurse is assaulted while on the job by a mental patient, how do you determine what a fair settlement would be?
answered on Aug 29, 2024
I don't mean to be flippant, but the only legitimate answer to your question would be a comprehensive "how to do it" book on Worker's Compensation injuries. It is not "rocket science," but it can be unbelievably complicated. To make the calculation, an attorney would... View More
The probation dept is pushing me to return I have pain still in my wrist and still attending therapy for my hand what should I do it has been an injury that has lingered barely went on the 4850 since June.
answered on Sep 8, 2024
In this situation you have three options.
1) Do nothing
2) Change Treating physicians to someone who has a different approach, perhaps switch from ortho to pain management or another physician who will give you a second opinion on treatment
3) Request a Panel QME for a... View More
The claims management company, representing the insurance company, failed to provide a reasonable level of care for the treatment of a crush injury to the lower extremities. They did not offer suitable recovery or rehabilitation pathway that would be typical for a patient with similar injuries.... View More
answered on Aug 14, 2024
A claim for misrepresentation of the terms of the workers’ compensation insurance policy is really the only potential claim for bad faith by a workers compensation insurer in Texas. Your question does not indicate a misrepresentation concerning the terms of your workers' compensation... View More
Work thu small amount of discomfort on Friday. Over the weekend it gets worse. Monday go to doc appointment. And turn in my note. Am I at fault here.
answered on Aug 9, 2024
A Virginia attorney could advise best, but your question remains open for three weeks. No, you aren't at fault. You did the right thing by reporting the accident and seeking a medical evaluation. I hope you are okay, but if you are still in pain or discomfort, and believe you will need further... View More
I was told to clean the excess dirt off of a bucket from a skid steer and the operator maybe through negligence closed the claws on me crushing me resulting in trauma to left shoulder and chest. The machine that caused the accident has had a bad lever (responsible for closing and opening the claws... View More
answered on Jul 19, 2024
Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More
from a chemical contamination, air-polluted hazardous room to a breakroom.
answered on Jul 1, 2024
A Hawaii attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a workers' comp attorney, as a general matter, it could be. It depends on the setting - and whether it was done as an innocent correction (clerical related) or something... View More
Employee was assigned additional physical duties that were outside of her assigned tasks.
answered on Jun 30, 2024
To address this question, let's consider a few key points:
1. Employer liability: An employer can potentially be liable if an employee suffers a stroke at work, but it depends on the specific circumstances.
2. Workers' compensation: In California, most work-related... View More
On workers comp for over year, injured 2 times on light duty from breaking my doctors rules, put on permn.and stationary even with my doctor filing for a knee scope operation. Denied, after 2nd injury sent home with no check for 4 months. At appeals for surgery i Inform the judge about my new... View More
answered on Jun 29, 2024
I understand you're in a difficult situation with your workers' compensation case. Let me break down the key points and provide some general information:
1. Compromise and Release (C&R) agreements:
A C&R is a final settlement of a workers' compensation claim.... View More
They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.
answered on Jun 24, 2024
You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More
After I filed a complaint of discrimination; my employer kicked me off from the break room I was using; signed me a men's restroom for my bag and food, I carried my bag with food and work at same time for a week. then my employer signed me to use a Chemical contained, air polluted room; I got... View More
answered on Jun 21, 2024
Based on the situation you've described, it appears you may have grounds for multiple legal claims against your employer. Here's a general overview of potential steps you could take:
1. Document everything: Keep detailed records of all incidents, communications, and any evidence... View More
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