Workers Compensation Legal Questions

You indicated your friend who is an illegal alien suffered an injury at work. He has been paid voluntary compensation but not his medical bills. He does have the right to be paid for his medical expenses. He does have the right to be paid for being out of work totally. Once he is released to part time or light duty work he would not be eligible for compensation due to his illegal status. Perhaps, the period for which he is disabled is not long enough. You can contact me for more information.  Virginia Workers' Compensation Lawyer... Read Answer

When the insurance company assigns a nurse case manager (NCM) to your case, this can be helpful. On the other hand the NCM can just be an advocate for the insurer. When you are first injured, you are entitled to choose a doctor from a panel of three in Virginia. However, once you accept the doctor provided by the insurer you waive that right especially if you have accepted the specialist for more than 30 days. With a back injury, sending one to physical therapy and then an MRI is standard protocol. Once we are over 35 our discs start to degenerate in our back due to the aging process. Your doctor may be saying that is what he is seeing on the MRI. If you are having foot numbness, then this usually indicates pressure on the spine from a bulging, herniated or ruptured disc. An epidural is used to calm down the nerve for a period of time. It may be all you need.  You always can obtain a second opinion if you want to pay for it. The insurer is not obligated to pay for a second opinion. The insurer can do this if it feels a need to do it. For further information, you can look at www.geraldlutkenhaus.com. ... Read Answer

Hello, At this point, I would suggest that you contact the insurance company directly. You can find out what company it is by going to the MS workers comp commission website at www.mwcc.state.ms.us, click on the Services tab at the top of the page, scroll down and choose Employers work comp. insurance coverage and then plug in your employer's information OR you can contact the commission at 601-987-4200. Good luck!... Read Answer

No. Workers' Compensation is a statutory no-fault recovery system and benefits are limited to those authorized by the statutory recovery scheme. The statutes do not provide for "pain & suffering." There may be other forms of compensation to which you may be entitled and we could dicuss your options with you.  ... Read Answer

Perhaps the most important thing to remember about work injuries is this:  ALWAYS REPORT ANY INJURY IMMEDIATELY.  If you fail to do so, and the injury turns out to be more severe than you thought, your claim for medical and wage benefits could be denied.  When you report the injury, make sure that your employer documents it in writing.  If you are not sure that a written report was made, submit a written notification to your employer yourself.  Sometimes serious injuries do not seem serious at first.  Protect yourself.  And, if it turns out that your injury is severe, get experienced legal advice.  Unfortunately, you cannot count on your employer or its insurer to always do the right thing. 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

If you are injured, you would be able to receive medical treatment through your employer's workers compensation policy.  If your employer does not own the building where the ceiling fell and is not responsible for it's maintenance, you may have a liability claim against the owner of the building.... Read Answer

You can contact the WC Department for the State of New Mexico for help at 1-800-255-7965  and speak with a representative/ombudsman or go to www.workerscomp.state.nm.us for more information. They can talk to the insurance company on your behalf or you can hire an attorney to represent you. Good luck!... Read Answer

You voluntary retirement likely precludes ypou from being paid temporary total disability compensation (TTDC).  TTDC is paid to replace lost wages and since you retired, there are no lost wages to be replaced.  This is called work force abandonment.  Your medical will still be paid. If you return to work, then you are eligible for TTDC.  Silly rules, but that is what the Courts have held.... Read Answer

when you are hurt at work, you are entitled to three forms of compensation: (1) the employer has to pay your doctor bills; (2) the employer has to pay you 2/3 of your average weekly wage for the time that you are temporarily off of work; and (3) compensation for any permanent injury that you may have suffered. You don't get compensation for pain and suffering.  Contact the Department of Labor, Workers Compensation Division for any additional questions you might have.... Read Answer

If your son was not represented by an attorney when he reached a settlment agreement, he can back out of it if he changes his mind. Without the details of the accident, treatment, amount of settlement, etc. I cannot address that further.  Yes, he can go to work for another employe while the settlement is pending, if the job is within the restrictions given to him by his doctor.... Read Answer

You are free to choose your own doctor unless the employer accepts your claim and has posted a list of six or more physicians or health care providers in your workplace, then you are required to visit one of them for initial treatment. You are to continue treatment with that provider or another on the list for a period of 90 days following the first visit. You may see any provider on the list; your employer may not require or direct you to any specific provider on the list.  If during the 90-day period you visit a provider(s) not on the list, your employer or your employer’s insurance carrier may refuse to pay for such treatment. After the 90 days, as well as in situations where your employer has no posted list or an improper list, you may seek treatment with any physician or other health care provider you select. You must notify your employer of the provider you have selected. During treatment, the employer or the employer’s insurance carrier is entitled to receive monthly reports from your physician or provider. In my experience the panel physicians do exactly what happened to you -- send you right back to work.  If you have insurance that will cover the medical bills, my advice to you is treat with a physician that you trust. ... Read Answer

If a workers' compensation claim was actually filed, you should have received a claim number from either the Ohio Bureau of Workers' Compensation, or through your employer's third party administrator.  If you have not received a claim number, the claim was likely not filed.  You have two years from the date of injury to file the claim, which can be done directly by calling the Ohio BWC at 1-800-OHIO-BWC.  If you have any other questions, please feel free to contact us as 614-224-8166, or toll-free, 800-792-1480.  We are happy to help in any way. Donahey, Defossez & Beausay, Attorneys at Law... Read Answer

Under KY WC law, if your doctor releases you to work -- any work -- then the WC insurance company can leaglly stop your lost wage compensation. If your employer is willing to accept you back and you decline, then you can be fired for no-show unexcused absences. You need to take the release from your doctor and present yourself for work. In all likelihood, the doctor has sent a copy of the release to your employer and/or the WC insurance company. You can try to find a new doctor and you can try to talk with your doctor, but in all likelihood you are stuck.  Your next viable option is likely trying to work out some type of settlement -- lots of options -- of your claim.... Read Answer