Workers Compensation Legal Questions

Dear Annoymous: I understand you injured yourself at work and had surgery on April 29, 2016 to repair a tibia tendon. You still cannot use your foot and experience pain on daily basis. Your doctor is supposed to direct your medical treatment under VA Workers Law. You should be reporting these problems back to the doctor. If the doctor cannot solve the problem, you should think about requesting a new doctor. You should make sure you have an award for this injury at the Virginia Workers Compensation Commission. Call 1-877-664-2566 to check.  I have practiced Virginia Workers Compensationi law for over 35 years. For more information you can contact me at 1-804-358-4766 or visit my website at geraldlutkenhaus.com.  Jerry Lutkenhaus... Read Answer

that's a tough question to answer.  These are always very fact-specific situations whether the reduced hours are the result of the injury or true business lack of work issues.  I agree that your first best course of action is to seek a partial benefit rate under workers comp.  I'm doubtful you can get unemploymnet because you are working some hours.  But if you can do some type of gainful employment (of any kind) that would make you eligible for unemployment comp. ... Read Answer

It's never too late to change horses but you might find it difficult to get someone involved this late in the game becasue of all the history in your case and because your current lawyer may claim an entitlement to a portion of any fee that is ultimately payable, leaving less money to pay a new attorney.  If you're not getting answers that are satisfactory, I suggest that you start meeting with your attorney in person when you want to discuss the case.  Maybe a monthly date to keep things moving along?  Ask him/her for a 30-60 day plan of action. ... Read Answer

Go to the North Carolina website for workers compensation which is www.ic.nc.gov and click employee links on the right side of the page. You can also call their help line 800-688-8349 and they will assist you in determining who your employer's WC insurance company is and help you file a claim. Good luck!... Read Answer

Go to www.azica.gov , click Employee and you can look up your employer in the data base to see who their WC insurance company is and contact them directly yourself. If your employer is legally required to have WC, they are also legally required to cover your on the job injury and cannot choose not to cover you.... Read Answer

If the light duty work is within your medical restrictions and you do not at least try it, your light duty benefits may be stopped because you refused it.  Make sure that the work is within the restrictions given by the doctor. If you are able to do the work, your earnings will offset the WC payments, however, if you try the job and cannot do it and your doctor agrees, your comp. benefits should return to the same amount you received while at home.... Read Answer

In Georgia, as in most states, workers compensation is an "exclusive remedy".  This means that, even if your employer or a coworker was negligent and caused your injury, your only recourse is to file for workers compensation benefits.  Except in rare circumstances, you cannot sue your employer for damages such as pain and suffering. The workers compensation system provides a defined set of benefits for an injured worker, regardless of who was at fault.  The benefits include medical treatment, weekly benefits to partially offset your lost earnings, and some limited permanent disability benefits if your injury results in permanent impairment.  There is no benefit for pain and suffering, and there is no provision for punitive damages. However, if your injury was caused by a third party not affiliated with your employer, you may have a claim against that party, as well as a claim for workers compensation benefits against your employer. If you have suffered a work-related injury, consult with an experienced attorney right away.  There are strict deadlines for notifying your employer and filing a claim.  The workers compensation system is complicated.  Don't try to navigate it on your own! MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read Answer

Yes you can change lawyers, however, you will need to retain a new lawyer licensed to practice law in New York. Your current attorney may have a lien for attorney fees and costs which would be paid out of any settlement amount. While your case is open, you should be able to obtain treatment in Florida. Most adjusters hate to deal with out of state doctors and will delay finding one as long as they can. I am not familiar with NY WC law but I would think your attorney should be able to file a claim requesting treatment in Florida. ... Read Answer

Yes, you can ask the nurse case manager to wait outside during the examination. That is your time to communicate with the doctor and the nurse can be very distracting for you as well as your doctor. You can revoke (change your mind)  the paper you signed if it gives the nurse permission to come into the exam room with you.... Read Answer

We have taken simiilar action but need more facts to determine if there is action for intentional infliction of emotional distress claim against the carrier/adjuster for refusing to provide the benefits.  Regardless, you need to consult a lawyer immediately on the 440 workers comp claim, and pursue your rights and remedies, and consult on the issue of a tort claim against the carrier.  If there is serious harm that is occuring by the delays then swift legal action in workers comp proceedings can get things going such as emergency motions and petitions, as well as a well crafted complaint or letter on the failure to provide the benefits.  You may reach out to me or another attorney, but more information is needed on the treatment being denied and equipment at issue, and if there is an emergency you can call the adjuster and tell them you need to go to a hospital if you cannot get to a doctor.  again though do not do this alone and seek counsel.  Mitchell ... Read Answer

 If you change lawyers there will be a lien assessed. I believe it is in your best interest to work out the issues. However, like many lawyers, clients sending text messages is not a professional manner for communicating as I'm sure you have an email address to contact to the lawyer through  As well as a phone number to call to request a meeting.   but you have the right to terminate the relationship at anytime.  These facts I would encourage you not to terminate the lawyer who has worked for you and out in time without being paid most likely.      Your Depo is Tuesday and your prep should be short time and do not panic  If your lawyer does not get with you prior to he Depo and you feel not prepared then call their office and request a conference and express your concerns       ... Read Answer