Get free answers to your Workers' Compensation legal questions from lawyers in your area.
We have a tele-health provider who does initial triage for employees who sustain an injury. They are based in Texas and the main doctor for this firm is licensed in Indiana but only has a physical location in Texas. Can they provider care for employees injured in Indiana and write prescriptions for... View More
answered on Apr 5, 2024
I agree with Atty. Young. It depends on what Indiana's workers' comp system allows. Generally speaking, even here in Massachusetts, I think it would be allowed, but here in MA you also have the right to see whoever you want. However, some states do dictate who you can seek treatment... View More
answered on Aug 30, 2023
Yes. As my colleagues have indicated, workers' comp is your avenue for injuries in the course of employment. You included the "Personal Injury" category in your post. If that's because there is a third-party injury action (where the source of injury involves a person or entity... View More
answered on Aug 29, 2023
Yes, in Massachusetts, you may be eligible to seek compensation from your employer for suffering severe concussions if the concussions were caused by workplace-related incidents or conditions. Massachusetts provides workers' compensation benefits to employees who sustain injuries or illnesses... View More
What role does the independent doctor have as far as determining liability?
Thank you
answered on May 23, 2023
Medical records are EVERYTHING in a workers' comp case! They provide nearly all the confirmation that an event occurred that caused an injury, the proposed course of treatment, and the expected outcome of that treatment. With that information, both the Dept. of Industrial Accidents (the... View More
i work in retail and was assaulted by a customer in july. i submitted a workers comp request and was out of work for 10 days (ER excused 7). i still have not gotten paid for those days. what do i do next
answered on Jan 8, 2023
The short answer is yes, you can still get your benefits after 6 mos. The longer answer is that in Massachusetts, unless you are out of work for more than 21 days, then the first 5 days are unpaid. However, you could have been paid for the next 5 days after that, assuming you were out because of... View More
My attorney never obtained my medical records and failed to present them to the DIA.
I had one provider fax mental health records, faxed and confirmed. He failed to submit these as well.
All of my providers have written sworn affidavits and letters confirming my allegation.... View More
answered on May 23, 2023
I'm sorry, but I can't answer your question. Generally speaking, all medical records should come forward. I have no idea why your existing attorney didn't get your records for you. Two possibilities come to mind, but they are just off the cuff guesses. One is that the insurance... View More
answered on Mar 28, 2022
The answer is: sort of. Workers' comp insurance is rated first and foremost on a percentage of the wages paid to the employer's workers. Assuming there are no work incidents, that's all they really have to work with. However, once an incident occurs, the insurance company will... View More
Hi! I am a former UPS driver who was terminated after an employee accused me of drinking alcohol in the UPS truck and "acting drunk". The police were called and I passed a field sobriety test. My manager required me to submit to a "drug and alcohol test" although when I went... View More
answered on Dec 22, 2021
Generally speaking, an employer can always require a drug test. However, your question appears under the heading of "workers' compensation," which only deals with workplace injuries. It belongs under the heading of "employment law," and I will defer to experts in that... View More
The administrator had us working with no PPE and we all got covid. I still work at the place but people are suing the company. Would I be fired if I joined the lawsuit.
answered on Aug 29, 2021
This is a Workers Compensation question. My specialty is nursing home abuse litigation. Since you were injured in the course and scope of your employment, seek out a Work Comp lawyer. Best of luck.
answered on Jul 27, 2021
This is a little difficult to answer without a little more context. Generally speaking, 34A benefits could not be stopped without permission to do so from the Dept. of Industrial Accidents. However, there are a few circumstances where they may be permitted to stop. For example, if you settled... View More
I made the error of writing mediation instead of Conciliation and also it was the insurer's representative not showing. Thank you for your quick response Laura Kiley, I appreciate it
answered on Feb 9, 2021
Are you sure it was the Employer who hasn't shown, or was it the insurer's representative? Was it for a mediation or a conciliation? Mediations are voluntary when it comes to workers compensation so there isn't anything that would require them to attend a mediation. If it was the... View More
A few hours, a few days, weeks?
answered on Jan 8, 2021
Once a claim is filed it generally takes about 2-3 weeks to get a conciliation date. The actual conciliation itself is usually 10-20 minutes, not much longer.
violation at the very least, since these are employees of staffing agencies, who are the real "covered entities" here. They supply the WC insurance, payroll, are the holders of their personnel records, etc. They also almost all have provisions written into their contracts that state... View More
answered on Dec 29, 2020
The employer can communicate directly with the temp employment agency that supplied the employees of the employer's requirement that the temp employees obtain and pass a DOT physical. It is, likely, not appropriate for the employer to communicate this need directly to contracted employees... View More
i broke my middle toe moving some PT lumber by hand, happened the 26th, nothing was done at work, 27th too much pain, smoked recreational marijuana for pain, 28th woke up with toe black, went to work to show them i was going to ER, now they want statement and drug test, 36 hours after, its now 3rd... View More
answered on Jun 3, 2020
It is not clear from your question if you have already been to an Emergency Room. If not, then you should go. If you have and they want you to see an orthopedic or podiatrist then you should call one and try to make an appointment. It is very difficult to see anyone now with the virus issues. They... View More
My parking fees are taken out of my check weekly.
answered on Mar 5, 2019
In Massachusetts, there is a "going and coming" rule where normally, you are not covered under WC if you injured yourself going into work or after leaving work. That being said, your case could fall into an exception to the rule where you were planning to go to a company affiliated... View More
the boss is denying he told me to take the equipment, as I said I get paid mileage and once I have been driving for 1 hour my regular rate of pay starts, the auto accident was a roll over accident where I was ejected from the vehicle at 70 mph, I had to be med flighted to a hospital in boston, the... View More
answered on Oct 16, 2018
Under Massachusetts law, if you can establish you were under the direction, supervision or control of your employer, you should be able to obtain Workers Compensation benefits. From what you described and if you can establish you were delivering equipment for the benefit of your employer, you... View More
answered on Sep 17, 2018
Were you injured at work? if so, there is workers compensation claim potentially, and maybe a third party claim depending upon the particular facts.
answered on Jul 16, 2018
There is nothing stopping you from filing a workers compensation claim provided its for a new injury and its within the statute of limitations. If you plan on filing another claim for the same injury and the claim has already been adjudicated, then you may run into problems. I suggest you contact... View More
answered on Jul 12, 2018
Under the "going and coming" rule, normally an injury that occurs during your commute off the employer's premises and off the clock will not be covered.
Then about 6 weeks later they called and said they could not negotiate a price so I went to their doctors and now he wants physical therapy again and gave me a whole new diagnosis. Not sure if I should get a lawyer or not they are only paying me a little portion because I can go back light duty but... View More
answered on Jul 10, 2018
It sounds like your medical provider is looking for payment above the rates of reimbursement WC is required to pay and therefore will not proceed with the story. Or it's your doctor just changing is opinions regarding the need for future medical care.
I suggest you contact an... View More
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