Workers Compensation Legal Questions

Generally, yes, you can still claim WC benefits even if you are no longer employed by the company where you were injured. Whether the termination can be used as a reason to deny monetary benefits or not depends on the specific facts of your case. Contact the adjuster handling your claim regarding specific benefits questions.... Read Answer

Hello Anonymous:  There is much you can and should do about being hurt on the job.  However, since I do not have specific information about your accident and injury, I can only provide some basic, but helpful information. Other than immediately meeting with a lawyer that helps injured workers, I would say the following: This information applies for Virginia workers' compensation cases.  Again, this is not case-specific information.  I can only give "general" information and would have to know the facts of your case in detail inorder to provide specific information. Give notice to your employer as soon as possible after the accident.  Get appropriate medical care as soon as possible after the accident.  You likely have the right to choose from a valid panel of physicians.  File a claim for benefits with the Virginia Workers' Compensation Commission-THIS IS NOT THE SAME AS FILING WITH THE INSURANCE CARRIER.  Call 1-877-664-2566.  They are helpful. Get as many witnesses and/or evidence together that will prove your case. This may help in establishing the truth of your claim. Hope this was helpful.... Read Answer

Yes, FMLA and workers compensation can run at the same time. The reason some Employers opt to do this is that they are legally required to keep your job available for your return to work during the FMLA period plus continue health insurance and other benefits. Many Employers will switch an injured worker to a WC Leave of Absence after FMLA expires. I would suggest that you look at your employment manual or contact Human Resources to explain your company's procedure.... Read Answer

Hello,     It sounds like your brother has been through a traumatic ordeal. You are of course, considering all of the suffering and pain your brother has endured. By law, Workers Comp. coverage is for lost wages and medical treatment only. The injured worker is NOT compensated for pain and suffering but in return gets immediate medical treatment (at no costs) and loss of income/wages benefits. When evaluating a case for settlement those are the only two criteria that are included. Regarding the value of those benefits, your brother should ask his attorney to explain that in more detail. ... Read Answer

The employer is required to pay you for the time period that the doctor kept you off of work until he released you to go back to work. If the doctor puts you on a restriction, then they are not required to put you on any job that would exceed the restictions. However, if there is a job that they can provide you with that is within the restrictions, then under the ADA they have to make reasonable accomodations to put you in that job. If you have further questions, contact the Tennessee Department of Labor, Workers Compensation Division.... Read Answer

Dear Anonymous,   The Family Medical Leave Act (FMLA) is a federal law that gives qualifying employees an opportunity to take up to 12 weeks of unpaid time off from their job with the guarantee of their job still being available as long as they return at the end of this period.  One of the purposes for this policy is to allow employees with serious health issues or injuries, such as an injury from a workplace accident, the time off they needed without the risk of losing their job.   One concern that many injured workers have is whether or not FMLA can run concurrently with their workers compensation benefits during the time that the employee is ordered off work.  The answer is yes, the employer can run FMLA during the period you are ordered off of work to heal from your injury.  This can be a good thing if you only miss 12 weeks of work or less.  However, given the severity of your injuries and the amount of time that you were ordered off of work, I would strongly encourage you to contact an attorney that specializes in work comp claims.  Two of my partners, Jim Browne and Karl Popowics are both experienced workers compensation attorneys.  There are other benefits to which you may be entitled.  Please contact either one of them for a free evaluation of your case.    Chip Clark... Read Answer

You are required to sign a release of medical information.  I am not sure who is refusing to provide that information.  The doctor's office must provide copies of the records.  The employee should fill out the information form.  We do this for our clients.  Please feel free to call us at 860-447-3171.  Attorney Ralph Monaco... Read Answer

Your husband does not have to let a nurse come into the examination room with him.  If you have additional questions, you can call 1.888.396.5041 and choose Option 1, to speak with someone from the State of Michigan workers compensation at no cost, about your rights in the workers compensation case.... Read Answer

Obtain a copy of the payment history from that provider or any other documentation showing how much you have paid out of pocket. Then speak with the adjuster/claims representative, explain the situation and ask if they will reimburse you for your out of pocket expenses directly when you provide copies of the documents.... Read Answer

You indicated in your question that your grandfather died after moving to Ohio.  This suggests that he worked in another State.  If I am corect, then you need to consult with an attorney from that State.  Workers' compensation laws vary from state-to-state, and the differences are ofter significant. However, as a general rule, only a surviving spouse and minor children have rights for benefits in work related death claims. As for a "penion," the anaser again depends on the State and the exact terms of the pension contract.  I would still suspect that as grandchildren there is likely no cognizable claim.  You need to get the Plan Document to determine if you have any rights.... Read Answer

Have you or the insurance attorney requested a hearing in front of the WC Judge to determine if the settlement agreement is valid? If you have already had your "day in court" and the Judge approved the settlement, the best advice I can give you is to chalk it up as a lesson learned and move on. Based on the facts given, you would not have a valid civil suit against the insurer.... Read Answer

Permanent partial disability benefits are payments made under the Georgia workers compensation statute after other weekly benefits (temporary total and/or temporary partial benefits) have stopped.  When your doctor determines that you have reached "maximum medical improvement", he or she should make a determination of whether you have any permanent disability as a result of your injury.  If so, you should be given a permanent disability rating.  A rating will entitle you to additional weekly benefits, even if you have returned to work.  For example, a 10% permanent disability rating to your body as a whole would entitle you to 30 additional weeks of benefits.  If your doctor gives you a rating you disagree with, you may want to arrange for an independent medical examination by another doctor.  If you are interested in a final settlement of your claim, the point when your doctor issues the rating is often a good time to negotiate.  This, of course, is something you should discuss with a qualified workers compensation attorney. 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

FMLA protects your return to work rights for up to 12 weeks.  If you are going to miss work beyond that period of time, the Employer can ask for medical proof.  The Employer does not have to rely upon the MCO and can ask you directly.  Your failure to comply -- depending upon the existence of writte work rules -- can result in your employment being terminated which could then impact your right to receive temporary total disability compensation. Note that once FMLA expires, your Employer can legally fill your position leaving you with no job to which you can return, effectively terminationg you.  If there is a union collective bargaining agreement in place, this result may be altered. As for the PTO, again you need to look at whether there are any written work rules that address PTO scheduling folowing FMLA.  As longa s the employer is applying the same rule across the board, then a discrimination claim is difficult to prove.... Read Answer

You need to collect all of the relevant medical, get your doctor to complete a C-30 & MEDCO-14, and the file your claim. The forms can be obtained online at BWC and you can file your claim online on the BWC website.  Once you have a claim number, you can open an account on the BWC site and track your claim. If you want help, then you should seek the service of an attorney who is an OSBA Board Certified Worker's Compensation Specialist.... Read Answer

It appears your question is incomplete. If benefits have been denied, your attorney can file a request for hearing. If payments are late, there may be a penalty payment due, depending on how late they were. The loss of vision, if it is legal blindness, may entitle you to a separate award of permanent partial disability. Since you have an attorney already, these issues are best discussed with him or her.... Read Answer