QUESTION
What can I do if I was injured at work but my worker's compensation does not cover all costs?
Asked on Dec 27th, 2011 on Personal Injury - Massachusetts
More details to this question:
I slipped and fell at work on the school bus steps. I hurt my back and the xray and MRI says I'm fine but I can't function and I am in constant pain. The doctor says I have lower lumbar pain and my left sciatic nerve is giving me problems. I went to physical therapy but workers comp only approved 12 visits. I have a list of restrictions. Workers compensation won't approve my 2nd opinion on my back and won't approve any more therapy and they just started pay me but they are under paying me. On January 13th, I would have been off work for 3 months. I have an 11 month old child and due to non payment from workers comp I lost my apartment and my lights and water got cut off. I had to pull my child out of daycare. My job wont let my come back unless I am free from restrictions and free from doctors care. If I do a settlement case with my job and workers comp how much do you think I'll get? Because I am so far in debt and now I have to go to court over the apartment I just lost.
23 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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You need to find an attorney who specializes in Montana Worker's Compensation law like our office. What city do you live in? The biggest mistake you could make would be to settle the case on your own then get an attorney later.
Answered on Jul 08th, 2013 at 2:33 AM
You need to see a workers comp lawyer immediately. It sounds like the insurer may have violated a number of regulations. However, there are time limits for appealing, and if you wait, you can lose important rights.
Answered on Jul 08th, 2013 at 2:29 AM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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If you have an attorney assisting you with your claim, he or she may help you fight the decision of the Bureau to get these additional medical treatments allowed. If you have exhausted all of those avenues, you may be able to use your own health insurnace even though you may be responsible for co-pays and deductibles. Unfortunately, I do not know enough about your specific case to discuss values or settlement offers and it may be too early to discuss such options if you are still recovering from your injuries.
Answered on Oct 25th, 2012 at 1:36 PM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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In Indiana, your only course of action against your employer is worker's compensation. However, that does not prevent you from pursuing any other parties that may be liable for the incident. For instance, in your case, if your employer did not own the school bus where you slipped, there may be liability against the owner of the bus. You should consult a personal injury attorney in your area to discuss your rights and options. Most will meet with you once free of charge.
Answered on Feb 17th, 2012 at 12:07 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You need to contact a workers compensation attorney as soon as possible. Many times employers and/or the insurance companies fail to abide by the workers compensation laws. You need someone on your side who can make sure you are receiving everything allowed/provided by law.
Answered on Jan 05th, 2012 at 4:22 PM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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You cannot sue your employer because you accepted worker's compensation. Your only option is to contact the worker's compensation ombudsman and see if they can help. You could also speak with an attorney that handles worker's compensation claims and they might have knowledge of ways to correct the mistakes. Be for warned though, worker's compensation does not have to pay you 100% of your normal wages and they have the right to control the source and amount of your treatment. Needless to say, the worker's compensation system is not fair to the worker and is rigged in favor of the employers and insurance companies. That is why most lawyers (including my firm) do not handle worker's compensation cases.
Answered on Jan 03rd, 2012 at 12:50 PM
Civil Litigation Attorney serving Gadsden, AL
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Ford, Howard & Cornett, P.C.
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If you are not pleased with the employer's chosen physician, you have a right to demand a panel of three physicians from which to chose a new primary treating physician. You may want to exercise this option. You should be receiving benefits equal to two-thirds your average weekly wage for the past fifty-two weeks. You may need to speak with an attorney who handles work comp claims. Most work comp attorneys will provide an initial consultation for free.
Answered on Jan 03rd, 2012 at 12:22 PM
Bruce Elliott Goodman
Your question is far too complex to be answered in this forum. However, you should immediately consult an attorney who can assist you in all aspects of your Workers' Compensation claim.
Answered on Jan 03rd, 2012 at 9:52 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You need to run and file a PIP application with your auto insurance carrier. In Michigan, an injury involving a motor vehicle is a claim on your own personal auto policy. The Comp carrier must pay first and then the auto carrier pays any and all other costs provided that the application states that the injury is due to a motor vehicle. We handle these cases all the time. Good Luck.
Answered on Dec 30th, 2011 at 11:51 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You need to hire a workers compensation lawyer right away. They work on a contingency fee. Sent from my iPhone On Dec 29, 2011, at 2:28 PM, "Question From LawQA" wrote: > ANSWER A QUESTION THAT WILL BE DISPLAYED ON NEW YORK PERSONAL INJURY WEBSITES ON THE LAWQA NETWORK. > > LAW AREA: PERSONAL INJURY > STATE: NEW YORK > ID:46295 > > Question: What can I do if I was injured at work but my worker's compensation does not cover all costs? > Question Detail: I slipped and fell at work on the school bus steps. I hurt my back and the xray and MRI says I'm fine but I can't function and I am in constant pain. The doctor says I have lower lumbar pain and my left sciatic nerve is giving me problems. I went to physical therapy but workers comp only approved 12 visits. I have a list of restrictions. Workers compensation won't approve my 2nd opinion on my back and won't approve any more therapy and they just started pay me but they are under paying me. On January 13th, I would have been off work for 3 months. I have an 11 month old child and due to non payment from workers comp I lost my apartment and my lights and water got cut off. I had to pull my child out of daycare. My job wont let my come back unless I am free from restrictions and free from doctors care. If I do a settlement case with my job and workers comp how much do you think I'll get? Because I am so far in debt and now I have to go to court over the apartment I just lost.
Answered on Dec 30th, 2011 at 9:17 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If you don't have a workers comp attorney it sure sounds like you need one. They get paid from settlement proceeds and their fee is generally 15% but could be higher if the court approves it. But from what you are describing, you certainly need help and should not hesitate to get an attorney, otherwise you are at a disadvantage. If you already have one, you need to pin him or her down on these questions you have.
Answered on Dec 29th, 2011 at 10:06 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You need to get an attorney who concentrates on representing claimants in workers comp cases ASAP.
Answered on Dec 29th, 2011 at 9:54 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I would strongly suggest you hire a good, reputable workers' compensation lawyer as they can give you far better advice which would be specific to your factual scenario. Plus, most comp lawyers work on a contingent fee basis and will only get paid if they get you benefits that the workers comp carrier is not usually paying you.
Answered on Dec 29th, 2011 at 8:46 PM
Workers Compensation Law Attorney serving Atlanta, GA
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Rechtman & Spevak
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It sounds like you have a good workers compensation case. You would benefit from a discussion of your case details with an attorney, such as myself, that specializes in workers compensation. Employers/insurers are not allowed to restrict your physical therapy visits. The prescription for physical therapy is controlled by your principal treating physician. You will likely benefit from an attorney to help you enforce this right. Given your circumstances, you appear to be entitled to a second opinion, given Georgia law. You will likely benefit form an attorney to help you enforce this right. An attorney could help determine the scope and amount of insurance underpayments for disability. You will likely benefit from an attorney to help you obtain additional disability benefits you are entitled to. As to your settlement amount, this depends on a lot of details that are not included in your question detail paragraph. A good workers comp attorney would likely be able to give you a range of settlement value after an extended meeting going over the details of your case. Be wary of someone who quickly tells you settlement value, they are likely guessing or exaggerating in order to get you as a client. Finally, do not be afraid of talking to or hiring a good attorney specialist. Most attorneys, such as myself, will speak to you for free with no obligation to sign up. Then, if you do decide to hire a lawyer, the State of Georgia regulates lawyers in this field & we only earn an attorneys fee when we can show that you received a benefit due to our services.
Answered on Dec 29th, 2011 at 4:26 PM
Contact your State's Worker's Compensation Board or Commission for assistance.
Answered on Dec 29th, 2011 at 4:16 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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If you are in California, immediately consult with an attorney in your area who handles workers compensation claims. There are procedures to get medical treatment approved and you should be receiving temporary disability payments based upon your wages, i.e. of your average weekly earnings.
Answered on Dec 29th, 2011 at 4:15 PM
Steven D. Dunnings
Nothing, workers comp is your only remedy.
Answered on Dec 29th, 2011 at 4:11 PM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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Worker's comp is very different is every state. I would encourage you to find a good worker's comp lawyer and have your case reviewed. Most attorneys will provide a free consultation for worker's comp case. Good luck!
Answered on Dec 29th, 2011 at 4:11 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You are entitled to have all of your medical costs covered as well as your lost wages at an amount of 66% of the average of your wages for the 52 weeks immediately preceeding the accident. As for the 2nd opinion, they can take the position that it is not medically necessary. As to therapy and underpayment, you can take an appeal. As to a schedule award, your doctor has to assign a percentage of permanant loss of use of the body part injured, the comp carrier can hire its own doctor to dispute that opinion and the board applies a formula determining the number of weeks you are entitled to on a lump-sum basis.
Answered on Dec 29th, 2011 at 3:39 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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This is, unfortunately, how employers often treat unrepresented employees in a workers' compensation case. Get a workers' compensation lawyer ASAP. I am amazed you let this get this far without already getting an attorney
Answered on Dec 29th, 2011 at 3:26 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are entitled under the law to your medical bills and 2/3s of your average weekly wages up to a cap. You don't get paid in full in a comp case. If the carrier doesn't like the opinion of your doctor you can ask the Industrial Commission to give you a hearing and present your medical situation. Your doctor will likely be deposed and the hearing officer will decide the value of the 2d opinion you might get a small lump sum if you have a percentage of disability. Does not sound like you do but then maybe that is what this case is all about. If your doctor goes to bat for you, you may prevail. You really need a good comp lawyer to advise you particularly.
Answered on Dec 29th, 2011 at 3:22 PM
From the complexity of your situation, I suggest you contact an experienced worker's compensation attorney immediately. You may be entitled to medical benefits that the wc carrier is currently denying. In addition, you should NOT be settling this claim without talking to someone who knows proper values of cases like yours. The amounts are based on many factors, including your average weekly wage and extent of your injury.
Answered on Dec 29th, 2011 at 3:04 PM
It's way to early to even think about settling your claim; so forget about doing so. The authorized treating physician is the one with the medical license, not some adjuster with a bachelors degree in Frisbee tossing. Get the physician to prescribe necessary medical care in writing and then communicate that to the insurance company. Keep a copy of all written medical orders. If the insurance case mismanager doesn't authorize the treatment hire an attorney.
Answered on Dec 29th, 2011 at 3:04 PM