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Workers' Compensation Questions & Answers
2 Answers | Asked in Small Claims, Workers' Compensation and Appeals / Appellate Law for California on
Q: How to get my structured settlement over turn so that I can get my money now

Is there an attorney who can help me file the proper paperwork if you can help me please let me know

Ronald Mahurin
Ronald Mahurin answered on Feb 25, 2020

generally if your settlement is under $25,000 there will be no structure. It is not worth the effort. First, the insurance carrier must agree to a structure, then the option is to use their vendor, or seek one of your own. The carrier must pay the money into the structure to avoid a tax... Read more »

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1 Answer | Asked in Workers' Compensation for South Carolina on
Q: What would cause a delay in medical records being sent to an insurance adjuster?
Jeffrey David Morris
Jeffrey David Morris answered on Feb 25, 2020

Delays in medical records can be caused by multiple parties and multiple issues. Usually a delay in medical records comes from an issue with the HIPPA Authorization that was sent by the requesting party. However, other times the third party services who process medical records request for the... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: I was not paid a severance after my patient died. The family decided not to even though my patient did. Is that legal?

I worked for a family for about 3 years. My job was to take care of their 97 year old mother. They did not pay legally until a month or so before their mother died. The mother told them to make sure they paied us a severance after she died. Well when she did die they didn't give us anything because... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 22, 2020

It's unclear what you mean by "... They did not pay legally …". Did you work for the mother or for her children? In any case, severance pay is normally a voluntary payment unless it's required by a written employment contract. So they would not be obligated to pay it.

1 Answer | Asked in Workers' Compensation for California on
Q: California worker’s compensation question regarding law enforcement

I was on drop from LAPD. I got a worker’s compensation settlement for skin cancer. It was permanent disability. At the end of drop I was forced to retire. Can I get another job in retirement without risking my disability benefits? 70% disabled

Ronald Mahurin
Ronald Mahurin answered on Feb 22, 2020

yes

1 Answer | Asked in Workers' Compensation for California on
Q: At a c/r settlement hearing they brought a totally different contract that i signed but didnt realize all of the errors

the facts of my injuries were of another person same name employeer simular injuries and hipaa problems

Nancy J. Wallace
Nancy J. Wallace answered on Feb 19, 2020

If the agreement does not match the one you said you agreed to, you must immediately petition IN WRITING to the JUDGE to immediately withdraw your consent. Telephone chats will accomplish nothing. You have to PETITION TO SET ASIDE ORDER APPROVING COMPROMISE AND RELEASE AGREEMENT based upon... Read more »

2 Answers | Asked in Workers' Compensation for Illinois on
Q: If I decide to take ptd wkly pymnts instead of taking a lump sum in my wc case is that still considered a settlement
Richard K. Johnson
Richard K. Johnson answered on Feb 19, 2020

A hearing before the Commission wherein a worker is awarded permanent total disability benefits will be paid weekly for life. The added benefit of a hearing award is the right to future medical benefits for life for the injury and entitlement to the payments from the rate adjustment fund that are... Read more »

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1 Answer | Asked in Workers' Compensation for Georgia on
Q: My workmans comp adjuster was made aware of the unpaid bills and emailed copies of everything a month ago.

My claim was approved in Oct, I have since recovered and am back at work. Bills continue to come in despite the notification I gave them a month ago, they have still not paid the med bills. It is now in collection agency hands. My claim was approved and they have not done what they said they would... Read more »

T. Andrew Miller
T. Andrew Miller answered on Feb 18, 2020

Time to hire a lawyer.

2 Answers | Asked in Workers' Compensation for Georgia on
Q: My workmans comp claim was approved. The med bill's kept coming in, now there are collection agency letters.

What are my options before this affects my credit. I did my part and the workmans comp has defaulted on their end.

T. Andrew Miller
T. Andrew Miller answered on Feb 18, 2020

If you have an accepted claim, your adjuster should be able to confirm payment. If that isn’t working, you can submit the bills to be paid but the format of the bills must be correct and the medical records should be attached. Retaining a Worker’s Compensation law firm can also help with issues... Read more »

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Trying to figure out an estimate on a workers comp ptd settlement. My wkly ptd rate is $484, my life expectancy is 37.5
Richard K. Johnson
Richard K. Johnson answered on Feb 18, 2020

When was your accident? There is a minimum rate for permanent total disability. You should be able to download a present value calculator to do the computation. A lawyer who is not actually representing you should not be second guessing the lawyer who is representing you.

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2 Answers | Asked in Workers' Compensation for Illinois on
Q: How is a ptd settlement calculated in IL workers comp?
Richard K. Johnson
Richard K. Johnson answered on Feb 18, 2020

A permanent total disability settlement is calculated by determining the life expectancy of the injured worker. The life expectancy gives us the interest rate equivalent to use, but remember, the insurance company is using its own internal rate of return and not what you or I earn on the amount.... Read more »

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1 Answer | Asked in Employment Law, Workers' Compensation and Construction Law for Arizona on
Q: Im on sedentary work and my WC stopped. If Im stuck like this what happens? Full abdominal reconstruction. IME next.

I never received change of status other than the original claim acceptance. I have started to work at non profit for 2 weeks and have not been paid. Ive seen a second Dr by Comp Ins request last week and Scheduled for an IME in another week. Its going on six months since surgery. Surgeon said... Read more »

Joel Friedman
Joel Friedman answered on Feb 18, 2020

Good morning, your question came in late last night. I am confused about your case history, the part about having seen as second insurance doctor last week and scheduled for another insurance examination next week. I can review the claim with you, at no cost, so you have a better understanding what... Read more »

2 Answers | Asked in Workers' Compensation for California on
Q: What can I do if my job refuses to give security to us when theres a history of sexual abuse and theft on employees?

Since the end of last year, I myself have been sexually assaulted in my store and most recently, 02/16/2020 have had my phone stolen out of my pocket. Around the same time an employee had her car stolen out of the parking lot. Literally last week a homeless woman managed to sneak into the back room... Read more »

Gary Alan Jackson
Gary Alan Jackson answered on Feb 17, 2020

Wow very sorry to hear of these events in your work place. you have a valid work injury claim for stress in the work place from witnessing violent events. you should also file a complaint with the Dept of fair employment and housing for unsafe work place.

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1 Answer | Asked in Civil Litigation, Personal Injury and Workers' Compensation on
Q: Settlement amount for workers comp case for back injury with permanent restriction. Please read on for more information.

I live in illinois. I injured my back at a medical facility where I work at. After receiving therapy and other treatments my physician put me on permanent restrictions. My physician was against me having surgery because of my age and the severity of the back injury. My employer sent me to their... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 14, 2020

Although your question is posted in Personal Injury and Workers' Compensation, it appears to be a straight workers' comp case, unless there are third-party claims not mentioned here. A reason why your post might remain open for four weeks is that you ask an opinion on the settlement value of your... Read more »

1 Answer | Asked in Workers' Compensation for Georgia on
Q: What is the timeframe for ppd payments to begin once the adjuster has received the rating from the atp?
T. Andrew Miller
T. Andrew Miller answered on Feb 11, 2020

It depends. Are you still receiving weekly TTD benefits? Consult a workers comp lawyer to understand your rights.

1 Answer | Asked in Divorce and Workers' Compensation for Kentucky on
Q: got a workmans comp settlement for future benefits till i am 70 years old is my wife entitled to any and how much

i got in an accident in october of 2016 finally had a settlement in december of 2019 for my disablity till i am 70 my wife left in october of 2019

Timothy Denison
Timothy Denison answered on Feb 8, 2020

If you’re still married, she’s may be entitled to whatever you earn until you are divorced. Hire a divorce attorney immediately.

1 Answer | Asked in Divorce and Workers' Compensation for Kentucky on
Q: got a settlement form an accident in 2016 my wife left 1 month before now she is wanting half is she entitled to any
Timothy Denison
Timothy Denison answered on Feb 7, 2020

If you were married in 2016, she’s entitled to half.

1 Answer | Asked in Contracts and Workers' Compensation for Utah on
Q: Does my employer have any right to clawback a 2019 bonus if I put in my 2-week notice on the same day as bonus payout?

I accepted a new job offer and it requires me to put in my 2-weeks notice to my current employer on the same day I get my 2019 performance bonus paid out. Does my current employer have any legal right to clawback my bonus if it has already cleared in my account?

Kenneth Prigmore
Kenneth Prigmore answered on Feb 7, 2020

No. Bonuses, though voluntarily paid on top of other compensation by your employer, are still considered wages in the eyes of the IRS. Bonuses are paid for past performance, with the hope that you will continue to work at that level.

Once they have paid you, they can't take it back. This is...
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2 Answers | Asked in Workers' Compensation for Illinois on
Q: Why haven't opposing counsel returned the contract I signed to settle my w c case since August 2019. I have an attorney.

My attorney says they are not responding to him and don't know what is the hold up. I'm sure there is something he could be doing instead of just waiting for them to respond, it's been nearly 6 months.

Richard K. Johnson
Richard K. Johnson answered on Feb 7, 2020

This is a very unusual problem. Perhaps the best thing to do is to have the attorney motion up the case for a hearing before the Commission. There is no way to force a settlement if the other side refuses to sign. I hope this helps you out. If you know your IWCC #, you can look up the status of... Read more »

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1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Workers' Compensation for Texas on
Q: What is the law (if any) on lunch breaks or any breaks at all during long shifts exceeding 8-10 hours.

I work for a company called "Painted Tree". It became clear to me after my first day that they do not give you a lunch break, or any breaks at all (aside from the manager telling me when i started that I can grab a water or a piece of candy if i need it). What's really difficult is going 8,9,10... Read more »

Gregory L. Ahlgren
Gregory L. Ahlgren answered on Feb 6, 2020

It depends on the specific situation, including the city where the work is being performed.

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