Workers' Compensation Questions & Answers by State
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Workers' Compensation Questions & Answers
Q: Is there a law that limits the compensation a person receives for a burn to there face of 5000?
Arthur Calderon's answer
That doesn't necessarily sound right... My recommendation would be to contact a WC attorney sooner rather than later, as you may be entitled to significantly more damages, depending on the circumstances (the facts surrounding the injury, the amount in medicals, etc.). Feel free to reach out to any attorney on this forum.
That doesn't necessarily sound right... My recommendation would be to contact a WC attorney sooner rather than later, as you may be entitled to significantly more damages, depending on the circumstances (the facts surrounding the injury, the amount in medicals, etc.). Feel free to reach out to any attorney on this forum.
Q: if I applied for workmans comp. in Texas. do I have to notify any one if I find new employment?
S. Michael Graham's answer
No. Workers comp claims are confidential unless they reach the district court level.
No. Workers comp claims are confidential unless they reach the district court level.
Q: What can I do about a parent complaint at age 35. My parents cited PTSD from the Virginia Tech massacre?
1 Answer
| Asked
in
Criminal Law, DUI / DWI, Personal Injury and Workers' Compensation
for
Pennsylvania
on
Answered on Jun 15, 2018
Answered on Jun 15, 2018
Timothy Belt's answer
I am unclear from your question, is your condition related to an incident that happened at work?
I am unclear from your question, is your condition related to an incident that happened at work?
Q: Gdm I had a workman Comp case that was settled.. but I now have reoccurring pain & I no longer live in New Jersey
Ilene Stacey King's answer
I'm guessing you had a NJ workers' comp claim, since you had a NJ lawyer. If you had a NJ workers' comp claim, the answer to your question depends on NJ workers' comp law. As a SC lawyer, I can't advise you on NJ law and I have no idea if your lawyer is correct that you have to travel back and forth to NJ for treatment. I could tell you how that issue is usually handled in a SC workers' comp claim but that would have no bearing whatsoever on a NJ workers' comp claim. Workers' comp differs...
I'm guessing you had a NJ workers' comp claim, since you had a NJ lawyer. If you had a NJ workers' comp claim, the answer to your question depends on NJ workers' comp law. As a SC lawyer, I can't advise you on NJ law and I have no idea if your lawyer is correct that you have to travel back and forth to NJ for treatment. I could tell you how that issue is usually handled in a SC workers' comp claim but that would have no bearing whatsoever on a NJ workers' comp claim. Workers' comp differs...
Q: If a claim was made but not filed in may,my 3yrs expired this may,am I still eligible for Workers comp
Alexander Palutis' answer
Unfortunately, there is a 3 year statute of limitations for filing a claim petition under the Pa Workers’ Comp Act Section 315.
If you never filed a claim or received any benefits within 3 years of your date of injury, then any claim you would make now would be bared by this statute of limitations.
Unfortunately, there is a 3 year statute of limitations for filing a claim petition under the Pa Workers’ Comp Act Section 315.
If you never filed a claim or received any benefits within 3 years of your date of injury, then any claim you would make now would be bared by this statute of limitations.
Q: What can I do if my employer gave me a fraudulent workers comp number to provide to health care providers?
2 Answers
| Asked
in
Workers' Compensation, Appeals / Appellate Law and Sexual Harassment
for
Pennsylvania
on
Answered on Jun 11, 2018
Answered on Jun 11, 2018
Glenn Neiman's answer
You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.
You should consult with an attorney certified as a specialist in workers compensation law. The attorney can see what has been filed and determine what the situation might be. There would be no charge for an initial consultation.
Q: can I sue my boss for work comp I fell on the job in the pool area slip on water went to er nothing broke just bruised
Steve McCann's answer
It is possible, but the viability of your claims are dependent on very specific facts that are not provided, such as the nature of the fall, if warnings were present, and the knowledge of your employer to name a few. That said, I recommend organizing everything in your possession related to this matter, including pictures and medical records, and consulting with an attorney individually for a consultation.
It is possible, but the viability of your claims are dependent on very specific facts that are not provided, such as the nature of the fall, if warnings were present, and the knowledge of your employer to name a few. That said, I recommend organizing everything in your possession related to this matter, including pictures and medical records, and consulting with an attorney individually for a consultation.
Q: I was injured 2015,and my supervisor was witness. My foot was swollen for over a week and I still went to work for 3 day
Joel Friedman's answer
Thank you for contacting me with your work injury question. There is nothing you can do now about a 2015 injury, and in the future if you are hurt at work you are required to notify a supervisor or manager as soon as possible, and you are required to file your own claim with the Industrial Commission of Arizona. You can do that online by going to https://www.azica.gov/forms and completing the workers report of injury. You can also file a paper copy with the Commission at 800 West Washington St....
Thank you for contacting me with your work injury question. There is nothing you can do now about a 2015 injury, and in the future if you are hurt at work you are required to notify a supervisor or manager as soon as possible, and you are required to file your own claim with the Industrial Commission of Arizona. You can do that online by going to https://www.azica.gov/forms and completing the workers report of injury. You can also file a paper copy with the Commission at 800 West Washington St....
Q: Can I get workers compensation for food poisoning caused by a lunch that was provided by my job?
Timothy Belt's answer
If you can demonstrate that you did indeed receive food poisoning from a lunch provided by your job, that workers' compensation is a possibility. It is important that you understand workers' compensation only pays related wage loss and medical in most cases. Workers' compensation does not pay for pain and suffering, and wage loss benefits are not available until you are out of work for a week or more.
If you can demonstrate that you did indeed receive food poisoning from a lunch provided by your job, that workers' compensation is a possibility. It is important that you understand workers' compensation only pays related wage loss and medical in most cases. Workers' compensation does not pay for pain and suffering, and wage loss benefits are not available until you are out of work for a week or more.
Q: What happens to my workers compensation if my employer goes bankrupt?
Terrence H Thorgaard's answer
There are several types of bankruptcies: Chapter 7, Chapter 11, and Chapter 13 are the most common.
I'm not sure whether you are asking about ongoing workers compensation insurance, or compensation for a previous injury. If it's the latter, the insurance carrier would be obligated to pay the claim. If it's the former, it will depend upon the bankruptcy chapter under which your employer files. For Chapter 7, if the employer intends to continue to employ you, your employer would need...
There are several types of bankruptcies: Chapter 7, Chapter 11, and Chapter 13 are the most common.
I'm not sure whether you are asking about ongoing workers compensation insurance, or compensation for a previous injury. If it's the latter, the insurance carrier would be obligated to pay the claim. If it's the former, it will depend upon the bankruptcy chapter under which your employer files. For Chapter 7, if the employer intends to continue to employ you, your employer would need...
Q: Can I file a workers' compensation claim for a car accident injury I got during my lunch break?
H. Scott Aalsberg Esq.'s answer
The question is maybe, especially if it was in the course of employment or if you were still at the work place. I suggest you speak with a lawyer ASAP as much more facts are needed and time lines do exist to file a claim.
The question is maybe, especially if it was in the course of employment or if you were still at the work place. I suggest you speak with a lawyer ASAP as much more facts are needed and time lines do exist to file a claim.
Q: Insurance company is refusing to pay my father's life-time settlement agreement for 4yr now which is to pay 15k/yr
1 Answer
| Asked
in
Workers' Compensation and Insurance Bad Faith
for
Texas
on
Answered on Jun 6, 2018
Answered on Jun 6, 2018
S. Michael Graham's answer
You can contact an attorney of your choice or else you are free to contact my office.
An attorney will need to review the file and paperwork to determine what benefits are due and owing. My website is www.onthejobinjury.info. Ph. 214-358-6060
You can contact an attorney of your choice or else you are free to contact my office.
An attorney will need to review the file and paperwork to determine what benefits are due and owing. My website is www.onthejobinjury.info. Ph. 214-358-6060
Q: What can I legally do if not being compensated for the job I am doing?
Ashley Ann Krapacs' answer
Employment is at-will in Florida, so unless you have an employment contract that guarantees you the ISR position after one year, there does not seem to be any legal action that you could take. Unfortunately, hiring an employee and changing the duties expected of the employee after they have started is common in at-will employment states.
I would suggest that you speak with management staff regarding the overwhelming amount of work you've been tasked with and ask for a raise. Point out...
Employment is at-will in Florida, so unless you have an employment contract that guarantees you the ISR position after one year, there does not seem to be any legal action that you could take. Unfortunately, hiring an employee and changing the duties expected of the employee after they have started is common in at-will employment states.
I would suggest that you speak with management staff regarding the overwhelming amount of work you've been tasked with and ask for a raise. Point out...
Q: I lost my balance and fell down at work. Can I still claim workers' compensation for my sprained ankle?
Steven James Foster's answer
Yes, workers' compensation is a no fault system. If you are injured at work while working, you can claim your injury and seek medical care for the injury.
Yes, workers' compensation is a no fault system. If you are injured at work while working, you can claim your injury and seek medical care for the injury.
Q: I need serious help to get a case overturned.
Jerry Lutkenhaus' answer
If you have already had a hearing it may be too late for another attorney to do anything but you can certainly contact me or another experienced Virginia Workers Compensation lawyer for a consultation.
If you have already had a hearing it may be too late for another attorney to do anything but you can certainly contact me or another experienced Virginia Workers Compensation lawyer for a consultation.
Q: I was injured at work. I was told they are taking my personal time off to “ pay “ me for the time I,m missing. correct?
Jerry Lutkenhaus' answer
If you are out less than 7 days, workers Compensation does not cover you. Once you exceed 7 days Workers Compensation does cover you. That may be why you were asked to take your personal time. Now that you are going to be out more than 21 days Workers Compensation should pay you from the date of the accident and reimburse you for the personal time you had to use.
If you are out less than 7 days, workers Compensation does not cover you. Once you exceed 7 days Workers Compensation does cover you. That may be why you were asked to take your personal time. Now that you are going to be out more than 21 days Workers Compensation should pay you from the date of the accident and reimburse you for the personal time you had to use.
Q: Can contract workers get workers' compensation for injuries caused on the job?
S. Michael Graham's answer
If you are truly an independent contractor for an employer you wouldn't be covered under workers compensation. However, if you are a contract worker and a temporary employee, then you would be covered. If you are an independent contractor and somebody else was negligent in causing your injuries you may be able to sue them. It would best to speak directly to a workers compensation attorney to determine the facts of your case.
If you are truly an independent contractor for an employer you wouldn't be covered under workers compensation. However, if you are a contract worker and a temporary employee, then you would be covered. If you are an independent contractor and somebody else was negligent in causing your injuries you may be able to sue them. It would best to speak directly to a workers compensation attorney to determine the facts of your case.
Q: injured 4y ago working for a city in texas, mmi was 52% impared 100% disabled. cant work iib ended ssdi750 what do i do?
S. Michael Graham's answer
If you do not qualify for LIBS and your IIBs have run out, you can still apply for SIBS. You have to document an "active effort" to seek employment within your work restrictions. These SIBs benefits are available for 401 weeks from your date of injury.
If you do not qualify for LIBS and your IIBs have run out, you can still apply for SIBS. You have to document an "active effort" to seek employment within your work restrictions. These SIBs benefits are available for 401 weeks from your date of injury.
Q: Should I talk to a lawyer first before talking to the nurse at work about my workers comp which she is in charge of
Steve McCann's answer
I am terribly sorry to hear this. Yes, you should absolutely talk with a lawyer, and you should do so as soon as possible. Do not make any recorded or written statements until you speak with an experienced attorney. Your injuries are very serious, and you need an attorney to ensure you take the best course of action moving forward to ensure you obtain the recovery you deserve.
Many of us offer free consultations, and will represent you on a contingent basis, so it will not cost you...
I am terribly sorry to hear this. Yes, you should absolutely talk with a lawyer, and you should do so as soon as possible. Do not make any recorded or written statements until you speak with an experienced attorney. Your injuries are very serious, and you need an attorney to ensure you take the best course of action moving forward to ensure you obtain the recovery you deserve.
Many of us offer free consultations, and will represent you on a contingent basis, so it will not cost you...
Q: Do all companies have to provide workers compensation for employees who are injured at work?
James G. Ahlberg's answer
As a practical matter, yes. For example, although I have only one employee I am required to carry workers' compensation insurance for her. Small family farms with a very limited number of employees are the only exception to the requirement of having workers' compensation insurance that comes to mind. Some companies try to avoid their responsibility by calling their workers independent contractors rather than employees -- fortunately, this rarely (if ever) succeeds. The law isn't concerned with...
As a practical matter, yes. For example, although I have only one employee I am required to carry workers' compensation insurance for her. Small family farms with a very limited number of employees are the only exception to the requirement of having workers' compensation insurance that comes to mind. Some companies try to avoid their responsibility by calling their workers independent contractors rather than employees -- fortunately, this rarely (if ever) succeeds. The law isn't concerned with...
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