Workers Compensation Legal Questions

  I am sorry to hear about your injury. Do not delay contacting an experienced attorney who can discuss with you in a private consultation. If this is not deemed a Workers' Compensation matter, a Personal Injury attorney can determine if there is a potentially viable liability claim. We all give free consultations and if we take the case, it would be on a contingent fee basis. Start this process with a free consultation. Better sooner rather than later. We cannot solicit you, so you will have to reach out.... Read Answer

If you are able to prove that the rash is caused by exposure within a work environment, yes. Putting the employer on notice that there is a work-related injury is the first step and there are certain deadlines that must be met to initiate a claim. I would recommend contacting your employer's HR or individual over their Workers Comp claims and reaching out to a licensed OK attorney who practices in Workers Compensation for input on specific deadlines and procedures.... Read Answer

I think you need to sit down with your lawyer, in person, and review the case. It does appear that the lawyer who left the firm might have neglected your matter. On one hand, you need them to complete the case for you. Changing firms mid-case never works (cases that change lawyers have a significantly lower success rate for clients). On the other hand, you can rightly ask them how they would feel if a law firm handled a matter for them personally with this situation. Then ask how they will make this situation right for you. I think this tells them you fully understand the the situation and that there is definitely grounds for them to cut their bill to you as a way to make it up to you. Be firm but diplomatic. Lawyers are usually smart people and their reputation matters more to them. They should see this as a case where they need to make it up to the client.    Best of luck to you.... Read Answer

Judges rule all in comp and depending on who Judge is and Respondent Counsel is goes long way to resolve case or never get resolution of case or trial until seasons come and go and elections come and go.   You should discuss this with your Lawyer.If he is seasoned Comp Attorney he may explain that is what going on.... Read Answer

FMLA and workers' compensation are two completely different things.  FMLA is unpaid leave for certain specific health conditions.  This can include a work-related injury, but usually is an other health condition, and may be a health condition of another member of your family. Workers' compensation pays medical expenses, temporary income benefits (TIBs), and impairment income benefits (IIBs) caused by a work-related injury.  If your health care provider has not released you to return to work after a work-related injury, your employer cannot terminate you.  If your health care provider has released you to return to work without restrictions after a work-related injury, your employer can only terminate you if you fail to report to work.  ... Read Answer

Despite that it's a he said she said, you still may have a case. A lot of times, 911 calls reporting the accident can discern witnesses who may have seen the accident and called 911. This records are all taped and can be retrieved. Additionally there may be cameras from businesses near by that can also be obtained. Time is of the essence so retain counsel ASAP before said tapes are overwritten. Finally, reconstruction accident experts can be retained to determine who was at fault. Retain counsel here in Florida for contingency fee representation which means you pay nothing unless you win. ... Read Answer

I am not sure without all facts ,but in NJ Comp,you get 70% of gross wages while out up to max allowed for year of accident or no more than 903. per week for 2018.If you were a higher income earner,there is no law in Comp where you can get all your wages covered.   As to injury,NJ has a disability chart  and the goal of your Lawyer would be to work out a % of disability to the body parts hurt and that has a Dollar figure.If it can not be reolved ,then the Judge after full trial with Doctors dtermines the % of disability.The dollar figure in the chart can not be changed.   You have 2 years after an awrd in Court ,from the time you get your last check from insurance ,to file a reopner if yoou believe your injury worsened.After that you will probably be time barred from filing same. Andrew H Graulich Esq   973-493-6468 www.graulichlaw.com  ... Read Answer

I'm sorry to hear about the difficulties you've been facing since your accident on 7-11-05. As a Workers' Compensation attorney in Florida, I understand that your situation has caused you significant physical and emotional distress. It's important to acknowledge the challenges you have endured, including the multiple surgeries you have undergone, the infection you contracted, and the ongoing pain you are experiencing in various parts of your body, such as your hip, knees, and shoulders. In situations like yours, it can be frustrating when the company refuses to provide further surgeries and fails to address your potential permanent disability status. It is your right to receive the necessary medical treatment and support, as well as the documentation that validates your disability status. It seems that the company's response, or lack thereof, has left you feeling ignored and unsure about your future.  I would recommend taking proactive steps to address this situation. Here are some suggestions: Consult with an experienced Workers' Compensation attorney: An attorney who specializes in Workers' Compensation cases can provide valuable guidance and help navigate the legal process. They can advocate for your rights, communicate with the company on your behalf, and ensure that you receive the appropriate benefits and medical care you deserve. Document all communication: Keep a record of all interactions with the company regarding your disability status and medical treatment. This includes dates, times, and the individuals involved in the conversations. Having a detailed account can help your attorney build a stronger case and demonstrate the company's negligence or lack of response. Seek a second medical opinion: If the company refuses to provide further surgeries or medical treatment, consider obtaining a second opinion from another qualified medical professional. Their evaluation can provide additional evidence supporting your need for treatment and may strengthen your case for Workers' Compensation benefits. The short answer in your case, is that Permanent Total Disibility Benefits remain open as long as your workers' compensation claim is open. Remember, as an attorney, I am here to support and fight for my clients’ rights. I understand the physical and emotional toll these types of situations can take on my clients’ life, and I am committed to helping them seek the compensation and justice they deserve.  Also, you must receive medical treatment or other benefits from Worker’s Compensation at least once a year to keep your claim open. Please keep in mind that the information provided here is general in nature and should not be considered legal advice. It's essential to consult with a qualified Workers' Compensation attorney in Florida to discuss the specifics of your case and receive personalized guidance.... Read Answer

Good morning. I practice Wrongful Death and all other Personal Injuries, Work Injuries (Workers' Compensation and Social Security Disabilities. I'm an attorney in licensed in California and do not know Arizona Probate laws. All I can tell you is that the attorney who drafted these documents probably has them at his office. Thank you for contacting my Firm. We  wish you good luck in all your future endeavors.  ... Read Answer

I'm sorry to hear what the hospital is doing, and wish you well on the baby! This appears to be an Employment Law matter, however, if your wife was injured on the job, this may be a Workers' Compensation matter, as you have selected. Seek consultation asap with an attorney of the appropriate specialty or both. Loren L. Gold, Esq.... Read Answer

I don’t know if you were represented in either matter, but I strongly suggest speaking with workman’s comp counsel to review the cases and advise you. I trusts this answers your question, but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com   ... Read Answer

It's not a problem to open an estate and obtain a tax i.d. number 2 years after death. It is relatively common for issues to arise later that were not anticipated. However, I might question the information you are getting from the insurance company.  Insurance proceeds are not generally probate assets, unless the estate itself, and not a person, is named as the beneficiary.  If that's not the case then you might be able to use the Colorado Small Estate Affidavit, or an affidavit provided by the insurance company, to collect the proceeds. Not all state laws are the same, and insurance companies and other institutions often give out incorrect information about whether a probate is needed.... Read Answer

Dear Andre, I am sorry to hear about your situation. I would like to know more facts about the accident in order to comment and possibly help you. There are steps to take regarding WC denial and strict time limitations for pursuing such claims, therefore you should consult with an attorney asap. Perhaps there is also the possibilty of bringing a 3rd part liability claim against another party at fault other than your employer? Again, reach out asap. to avoid compromising the possibility of a potential claim if one exists. We all give free consultations.    Loren L. Gold, Esq  ... Read Answer

It sounds like you have 2 possible issues: workmen’s compensation and medical malpractice.  If your shoulder was not properly treated, that is a separate cause of action. I hope this addresses your question, but do not hesitate to call or email me on a free initial basis. Best Regards, Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Yes, you have a workers compensation case.  If the employer is not following the restrictions, I highly suggest you talk to one of us work comp attorneys on this site for help.  The insurance will be liable for anything the employer does that makes your condition worse.  It's time to bring in a attorney to be on your side and write a nasty letter to insurance and employer about failure to follow restrictions. This will also need to be brought up to your work comp primary treating physician so they can modify restrictions or take you off work completely until you heal.  You may have additional options, but we would need to go over more details for real legal advice.  Call one of us here on Lawyers.com for work comp help.  Consults are free, cases are taken on contingency at 15% with nothing out of pocket.... Read Answer

Hello, If your passing out caused any injury, then yes you may have a workers compensation claim and potential case.  However, if there was no injury - or if the injury was just a minor first aid issue - then perhaps not. Best to call one of us work comp attorneys here and discuss the details, any injuries, and any medical treatment needed at this time.  That way we have the full information and can discuss options. Wishing you all the best... Read Answer

Workers compensation is a specialty area. I moved your question to attorneys handling workers compensation. Those attorneys are specialists in workers compensation claims. Some of them also handle personal injury and/or social security disability claims. For those of us who handle employment discrimination cases most all of our clients are currently looking for work and able to work if a position became available. This applies even when it looks like a potential employee might not be offered work because that prospective employee is perceived or regarded as disabled. Good luck.... Read Answer