Workers Compensation Legal Questions

This answer assumes that this accident is covered by the Florida workers' compensation law.  Apparently the workers' compensation Dr. could not find anything wrong with your back that seemed to be caused by the workers' compensation accident you described to him so he thinks it must be something else.  You have a right to a one time change of doctors but you must be very careful when to use this.  You should contact an experienced board certified workers' compensation lawyer first.... Read Answer

Have you obtained an off-work disability note from your doctor and had the note sent to the insurance company? You have the legal obligation to provide proof of your medical and off-work status to the insurance company.  Many insurance companies obtain medical relases and treatment histories from injured workers and collect the information. However, since you are the one making the claim, you have the primary obligation to establish the claim. You may wish to by-pass the employer and call the insurance company directly.  If your employer willnot give you the contact information, then you can get that information by calling the Department of Workers Claims in Frankfort.... Read Answer

Please note, I am a Pennsylvania workers comp lawyer so my answer come from that knowledge. I will try to answer to the best of my knowledge. Probably not. Under Pennsylvania Workers’ Compensation Law, an injured worker is entitled to wage loss benefits after a seven day waiting period.  It is important to understand that this “seven day rule” does not require full days and doesn’t require the seven days be missed consecutively.  For example, if a work injury causes someone to attend physical therapy sessions and to miss 30 minutes of work on seven different days, that worker may be entitled to wage loss benefits on the eighth day.  Conversely, medical benefits are payable from day one and the WC insurer will have to pay for all treatment that is reasonable, necessary, and causally-related to the work injury.  If the cut leaves a permanent and unsightly scar, you may have a claim for disfigurement benefits.... Read Answer

The injured Employee would clearly have a claim for workers’ compensation benefits against the General Contractor.  In addition to that, the injured worker may have a claim against the driver of the truck for causing the worker’s injuries.  The injured worker could NOT pursue a claim for negligence against the General Contractor assuming the General Contractor carries WC insurance due to the General Contractor enjoying immunity from negligence suits through the WC insurance.... Read Answer

Probably not.  Under Pennsylvania Workers’ Compensation Law, an injured worker is entitled to wage loss benefits after a seven day waiting period.  It is important to understand that this “seven day rule” does not require full days and doesn’t require the seven days be missed consecutively.  For example, if a work injury causes someone to attend physical therapy sessions and to miss 30 minutes of work on seven different days, that worker may be entitled to wage loss benefits on the eighth day.  Conversely, medical benefits are payable from day one and the WC insurer will have to pay for all treatment that is reasonable, necessary, and causally-related to the work injury. Keep in mind, I am a Pennsylvania Workers Comp lawyer so my answer comes form that expereince.... Read Answer

Unfortunately for injured workers, a company can fight a claim for workers’ compensation and often does, even in situations where the cause of the injury can seem clear.  It’s important to understand that an injured worker must be prepared to “prove” to a Workers’ Compensation Judge how the injury occurred, that the injury occurred in the course and scope of the employment, and that the injury resulted in medical treatment and/or lost wages.  This situation is obviously made much easier by dealing with an experienced attorney.A company cannot fire an employee in retaliation for bringing a workers’ compensation claim but companies are skilled at finding other reasons to terminate an employee.  Texas is an at-will employment state and in most cases an employer does not need a good reason to terminate an employee. That being said, if you are terminated while pursuing a claim for workers’ compensation benefits, your case could actually be HELPED by being terminate from the job. For additional information read our article on the mistakes that workers make when filing a Workers' Comp Claim.... Read Answer

Generally no but it would definitely depend on the circumstances. Under Pennsylvania Workers’ Compensation law, injuries that occur while commuting to and from work are not compensable. However, if the accident occurred while still on the employer’s premises, you may have a claim for workers’ compensation benefits. For additional information read "How do I know if I am covered for Pennsylvania Workers' Compensation?"... Read Answer

There are many things that can happen in a situation like this.  When an employer carries WC insurance in Pennsylvania, they have immunity from lawsuits under other theories of liability, such as negligence.  If the employer does not carry WC insurance, the injured worker may have a claim for lost wages, medical bills, AND pain and suffering if the employer was at fault and the employer’s negligence caused the injury.If there is no negligence involved, the injured worker could still pursue a claim for workers’ compensation benefits against the employer.  The employer would simply be directly liable for the workers’ compensation benefits rather than having their WC insurance company pay the tab.  Additionally, the Commonwealth of Pennsylvania has set up the Uninsured Employer Guarantee Fund which is designed to take the place of an employer who does not have WC insurance.  The UEGF can be liable to make the payments that would otherwise be made by the WC insurer.  For additional information, read our article about "Can I get Help If My Boss Has Rejected My Workers' Compensation Claim?"... Read Answer

Unfortunately, there is no payment for pain or suffering under the WC Act. There are, however, disfigurement benefits that may be payable for permanent, unsightly scarring found on the head, neck, or face.  If any of the burns are visible on the head, neck, or face, it would be worthwhile to consult with an attorney to determine what the case might be worth. Many Workers’ Comp Injuries Can Lead to Others... Read Answer

Generally, your employer, their Workers’ Compensation Insurance carrier, and even the Nurse Case Manager that might be assigned to your case, only really have the authority that you grant them.  There is no requirement that you allow anyone into your appointments.  If you’ve already granted this permission, you can revoke it at any time.  There may be some issues with a situation like this and you should talk to an attorney before making a decision on such a matter. For anyone in need of a Workers Comp lawyer in Pennsylvania, visit our site to learn about our firm. ... Read Answer

Your injury sounds serious. If your injury was a year ago and you are still receiving benefits, you should be under an award. If you have not signed agreement forms or had a hearing yet, consult an attorney near you who specializes in worker's compensation for assistance as soon as possible. A claim for benefits should be filed within two years from the date of the work injury or it could be barred by the statute of limitations. Just because the employer is voluntarily paying benefits, there is no guarantee that they will continue to do so thereafter. Once you are under an award, medical benefits continue for as long as necessary to treat problems caused by the work injury. Wage loss benefits may continue up to 500 weeks.  ... Read Answer

On the vacation issue, you need to consult with an employment attorney.  The key will be established, written company policy on the loss of vacation time.  Paid vacation is a "perk" that is not required by law.  You need to consult the company employee handbook. You are certainly entitled to apply for additional compensation for permanent residual impairment from your injury.  Also, the Industrial Commission has a set of specific safety requirements that if violated and the cause of your injury may result in an additional compensation award.  Y ou may wish to consult with a certified workers' comepnsation specialist to discuss your options -- I am certified.... Read Answer

Worker's compensation is supposed to be efficient but the reality is that it does not always work that way. You should consult an attorney to see if they can assist you with long term problems. Calls to adjusters are usually the most inefficient way to get anything. written requests are better. If checks are not timely paid interest is due and potentially penalties as well. Hire an attorney to get them to respond appropriately. It, however, will never be an easy non stressful process.... Read Answer

If you have been approved for WC then you can check with the Virginia Workers' Compensation Commission. That number is 1-877-664-2566. If you have been approved, then the Commission will have entered an AWARD in your case. If you do not have an AWARD, you must file a claim to obtain an AWARD supporting by medical documentation. If you claim you are out of work due to an injury, then you would need a report from your treating doctor taking you out of work for this injury.  If you insurer has approved you, it should be paying you the medical bills for the injury and a weekly compensation rate (if the doctor has you out of work for this injury).  For more information, check my website at geraldlutkenhaus.com or email me at jervalaw@aol.com or call me at 1-800-256-8862 (ask for Jerry Lutkenhaus). ... Read Answer

Kentucky rules for lost wages and return to work are fairly severe and anti-worker: Your employer does not have to hold your job for you. Your employer does not have to provide light duty work. If you are restricted to light duty, the insurance company does not have to pay for lost wages. Kentucky is an employment-at-will state which means that you can quit or be fired at any time for any legal reason or for no reason at all.  Giving notice does not obligate anyone to anything. In my opinion, based upon the circumstances you have described, you do not have a viable lost wage claim. You may be entitled to other benefits or compensation under your claim.... Read Answer

2% is a fairly minimal rating.  For 2% alone, $9500 is pretty good. However, the insurance company also wants your future medical care settle.  The question is whether you still have residual problems and whether you are still under care. I recommend having a heart-to-heart with your orthopaedist as to your prognosis.  Based upon what your doctor tells you, you can then make a reasonable decision on settlement.... Read Answer

Go to www.ohiobwc.com and then click on the "EMPLOYER" button.  On the left, click on "FORMS."  Download and complete a Form U-117 and hand carry the completed form to your local BWC office. At the BWC office, ask for "Employer Services" and those folks should be able to take care of the rest -- at least in theory!!! Good luck.... Read Answer