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Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Texas on
Q: Can I work part time or even a full shift as long as they follow the time permitted restrictions?

My treating physician just lifted the 0 hr of restrictions of certain movements to that of 2 hrs... with that being said, my employer wants me to work on modified duty... my question is two-fold, I suppose. 1) Can they put me to work more than 2 hours as long as those restrictions are met ? 2) how... Read more »

Matthew B. Lewis
Matthew B. Lewis answered on Sep 28, 2020

You can return to work under modified duty. The insurance company will still owe you TIBs if you earn less than what you were making before you got hurt. The employer should honor the restrictions if they are going to put you back to work. If they don't, your doctor can take you back off... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: Do I HAVE to release my medical records for my worker's comp claim?

I strained my lumbar region at work just short of a month ago and I have gone the course of alerting my employer of the strain, going to treatment, and was pending response about lost wages until this week. I received a check for lost time so far, but also received a packet containing paperwork for... Read more »

Haleh Shekarchian
Haleh Shekarchian answered on Sep 27, 2020

The worker’s compensation insurance carrier wants to get your prior medical records to see if you had injured the same body part before. They should subpoena any records they need. You don’t need to sign the medical release forms. You should consult with anyone of us on Justia for a free... Read more »

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2 Answers | Asked in Bankruptcy and Workers' Compensation on
Q: How is the lawsuit against Intel from qbex (Brazil) Case Number: 1:2018mc00120?
David Luther Woodward
David Luther Woodward answered on Sep 25, 2020

I don't understand your question.

Please add a bit of detail

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: During a worker's comp case does my employer's IME doctor have access to medical records not related to my injury?

Should the doctor only have access to medical records related to my injury? Is he granted my entire medical history since I was a kid? Thanks

Eric Todd Kirk
Eric Todd Kirk answered on Sep 25, 2020

So, you have filed a workers' compensation claim. By doing so, you've in effect but the body part injured "at issue". In other words, whether or not you've ever had problems with that part of your body before is the subject of legitimate inquiry. Certainly, the employer is... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: I fall in my case with work compensation and now they sue me for medical bills to pay them back what do I do.
Tim Akpinar
Tim Akpinar answered on Sep 21, 2020

It sounds like you might have a third-party personal injury case that is resulting in an award, and the workers' comp carrier is bringing a subrogation claim for repayment of WC benefits. If that is the case, the attorney representing you in that injury case should contact the WC... Read more »

1 Answer | Asked in Workers' Compensation for New York on
Q: Should I wait and see or get a lawyer?

I sprained my right middle finger in January at work. I informed my employer & recieved medical treatment; wore a splint for 4 weeks. Afterwards, my finger was stiff and slightly bent. I was unable to fully bend or straighten it. I was able to compensate for it by using my thumb and index... Read more »

Victor M. Feraru
Victor M. Feraru answered on Sep 20, 2020

It’s always worthwhile to reach out to a PI attorney to see if you have a case. Try calling around to a few. Make sure they hear out your situation and give you you an honest assessment.

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: how can i change my workmans comp lawyer without cost

I feel my lawyers is not doing enough to help me on my case as result my injuries are not getting better they are getting worse

Mitchell Feldman
Mitchell Feldman answered on Sep 20, 2020

You can Ask them if they will waive their fee lien. But if they incurred advanced costs on your behalf they should be reimbursed upon a settlement, but again they can waive it too.

All you can do is ask

1 Answer | Asked in Workers' Compensation for Texas on
Q: In Texas mind you, my husband i believe fractured his tibia on the job back 20 years ago during college years.

This year it has started bothering him to the point he has to wrap it to stabilize the area to get through the day. He has contacted the state that has agreed to find his case and forward it to the insurance company since it is archived. The question is does he have to use his pto on his job now to... Read more »

Matthew B. Lewis
Matthew B. Lewis answered on Sep 18, 2020

As you seem to have figured out, medical treatment for a covered workers' comp injury in Texas is available for life. The only limiting factors with that are that it has to be reasonable and necessary, and the treatment has to be related to the compensable (covered) injuries.... Read more »

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: Can workmen compensation insurance deny your claim and not notify you?

I was denied wirkmen compensation for a third claim. Was never notofied by workmen comp the claim was denied . Insteaf I was forced into mediation relsasing thevworkmen comp insurance of all clailms. I was nevet sent a demial of claim in wtiting.

David Gantt
David Gantt answered on Sep 17, 2020

In NC, you can always request a hearing before the Industrial Commission (Workers' Compensation Court) on any disputes. Insurance companies are supposed to promptly respond with written answer to any WC notice of accidents, but are rarely penalized for failure to do so. Disputed claims are... Read more »

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Hello! I am the only owner employee of a corporation operating in Maryland. Is workers' compensation required for me?

I'm getting conflicting advice from brokers, and have the exception form for officers, but want to make sure I am in the clear. Thank you!

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Sep 16, 2020

An owner who is also an employee has an option under Maryland law to either pay for coverage or waive coverage so long as they own at least 20% of the company.

The relevant law is Labor & Employment Article §9-206.

While not legal advice, I hope this general information...
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3 Answers | Asked in Workers' Compensation for California on
Q: my workers comp attorney is not doing there job and is letting the other party stall and/or put things off

its been going on for sometime and i was promised x amount of money and so far i cant even get my out of pocket expenses paid back

Haleh Shekarchian
Haleh Shekarchian answered on Sep 16, 2020

You should make an appointment to meet with your attorney and ask him to explain why nothing is happening or you can consult anyone of us on AVVO for a free consultation.

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1 Answer | Asked in Employment Law and Workers' Compensation for Ohio on
Q: Boss left a letter on my desk saying I voluntarily resigned in a FB post and effective immediately leave. Was I fired?

The FB post was on my private personal account, it did not mention the business or anyone by name and my profile does not list where I work. I complained very angrily about her lack of enforcement on the mask mandates in the office and I did swear saying an A-hole customer was putting my health at... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 16, 2020

Ohio is an at-will employment state, meaning you or your employer can terminate the employment relationship at any time and for any reason (as long as the reason isn’t discriminatory). It sounds like you have been fired here based on what happened. As for unemployment, your employer can challenge... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: If a person has an open worker’s comp claim can your company let you go for good without completing the claim?

Person works for the airline industry and is being let go as part of airline cutbacks.

Nancy J. Wallace
Nancy J. Wallace answered on Sep 14, 2020

Yes, sadly, having an ongoing workers comp claim is no guarantee that you won't be laid off. That said, if the person with the open claim is the ONLY ONE laid off, that is likely a violation of Labor Code 132a. But you have to prove the true reason you were let go was the employer... Read more »

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1 Answer | Asked in Workers' Compensation for Arizona on
Q: I was denied sick time because I need to be scheduled on the day I was sick. Is that right?

I requested a few days off for a minor surgery just over a month ago. It was denied because they say i have to be scheduled on the days I want off in order to get paid sick time. At the time I first requested the days the schedule wasn't made yet.

Joel Friedman
Joel Friedman answered on Sep 9, 2020

This is not a workers' compensation issue, it's related to your employment. You will need to find an attorney who accepts employment benefits cases and, in the meantime, you may want to ask your employer for a copy of any employee handbook or manual that has information about your leave... Read more »

3 Answers | Asked in Workers' Compensation for California on
Q: I sustained a work injury and I went to the doctor he sent me back with restrictions job can't accommodate i was put on

Oc leave i don't know what that is or if i will be paid

Haleh Shekarchian
Haleh Shekarchian answered on Sep 9, 2020

If your employer can not provide you with modified work then the insurance company has to continue paying you temporary disability payments. Contact anyone of us on Justia for a free consultation ASAP.

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2 Answers | Asked in Workers' Compensation for Maryland on
Q: I’ve received workman’s over a year in MD but now haven’t had a weekly payment in over 3 weeks. Is that legal?
Mark A. Buterbaugh
Mark A. Buterbaugh answered on Sep 5, 2020

There could be a Few reasons why your check may have stopped. Best advice I can give is to contact an attorney who who handles Maryland Workers Compensation cases.

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Q: Is it legal that Facebook are the Assignee of a patent that I'm his inventor, and I never gave my permission to them?

I used to work in a start-up that was bought by Facebook, but I didn't continue working there after the company was merged into Facebook, I refused to their relocation offer, and I never gave my permission for any IP I created in the start-up to be used by them. Now, Years after, I see that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 27, 2020

This question cannot be answered properly here on Justia because the facts are to thin. Suggest you contact a patent attorney and pay them to advise you.

1 Answer | Asked in Workers' Compensation for California on
Q: I won my case after 4 1/2 years I was awarded back money and expect the remainder by check twice a month.

how can i get a breakdown from adjustor WC on the remains of my award? My attorney is not responding to my questions, I cannot contact the WC advisor as I have an attorney? can you help?

Nancy J. Wallace
Nancy J. Wallace answered on Aug 21, 2020

Sorry, from just this, nobody can know.

Did a WCAB judge make a Finding and Order that you were Temporarily Totally Disabled with a start and stop date?? If not, no Temporary Disability payments are due.

Did a WCAB Judge make a Finding and Order that you have a certain percentage...
Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I work for a lawnscaping company in Gainesville, FL. I have been there for 5 months and I see that the lawnscaping company isn't p

August 13th, 2020 I was using a weed-eater at a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 19, 2020

Your exclusive remedy is workers compensation. File a claim with your employer's workers compensation carrier.

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1 Answer | Asked in Workers' Compensation for Illinois on
Q: Hi. In Illinois, how is unemployment pay calculated after a person comes back from 6 months of worker’s compensation?
Charles Candiano
Charles Candiano answered on Aug 18, 2020

As though you were unemployed for 6 months.

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