Workers Compensation Legal Questions

If a worker is off work -- for any reason -- then an employer has no obligation under Kentucky workers' compensation laws to continue any employer provided benefits, i.e., health insurance, holiday pay, 401(k) match, accruing additional vacation days, etc. An employer cannot revoke previously vested benefits.  As for previously accrued vacation days, if the employer has a policy previously in effect that requires vacation days to be used within a certain time frame or limits the number of days that can be accrued, then that policy is enforceable. Please understand that there is no legal obligation for an employer to provide any vacation days or vacation pay. The exception is if there is a collective bargaining agreement or some other written employment contact that specifically addresses the issue of vacation days.... Read Answer

Your verbal agreement to settle, if accepted by the other side, is binding.  This happens routinely.  Formal settlement papers will be prepared and signed.  You may have a 30 day window to withdraw from the settlement.  Ask your lawyer whether the 30 day cooling off period applies in your case.... Read Answer

From what you have written, apparently your lawyer felt that your case had more value than did the mediator and the other attorney.  That sometimes happens. You have the option to discharge your attorney and perhaps to dismiss your case, with the right to refile within a year, so that you can seek new counsel. However, if your attorney had put a top value of $10,000 on your case and the other side was offering less, then your case might not be that attractive for a new attorney to take and then have to start from the beginning. Your best option is to meet with your attorney and find out exactly what you would net from whatever amount was offered and then decide if making a change is really cost effective.... Read Answer

This is a medical issue between you and your doctor.  The better question is whether you doctor will provide a AMA 5th Edition permanent whole person impairment rate at this time.  If your doctor believes that you consdition is permanent and has reached maximum medical improvement, then you should pass that information on to your attorney so that he/she can contact your doctor.... Read Answer

There is really no limit as to the number of exams the carrier can jump you through.  Around 5 months or so between exams is not unreasonable., especially if there has been a change in your condition or significant medical services requested. Likewise, if you have filed a 101 package with DWC, then you likely included a Form 107 impairment evaluation.  The insurer is within its rights to schedule an exam.... Read Answer

Under KY WC law, the first 7 days of disability are not paid until an injured worker is off for 14 days.  Thus, if the injured worker misses 13 days, then only days 8-13 are paid.  However, once that 14 day threshold is reached, then all 14 days get paid. Under KY WC law, insurance companies are required to act in good faith to timely process and pay claims.  The term "good faith" is somewhat vague and allows insurance companies a fair amount of wiggle room.... Read Answer

When it comes to settling a Workers' Compensation claim, it is a unique process and very different from sexual discrimination, motor vehicle accidents, slip and falls, etc...    Unfortunately, the difference is that pain and suffering, loss of consortium, or how the accident changed your life, are not considered like they would be in the above mentioned types of cases.   That being said,  It seems as though the numbers mentioned in your question relate to being Permanently and totally disabled.   These are unique and complex situations as Am sure you are coming to realize.    We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Good morning,   Please feel free to contact us and we would be more than happy to get you in touch with an attorney that practices Federal Workers' Compensation.   We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Permanent Impairment Ratings can work a couple of different ways.   Typically, a doctor will place the patient at Maximum Medical Improvement and assign a Permanent Impairment Rating.  The percentage of the Permanent Impairment Rating means that the doctor has opined that you will have a permanent "total body" impairment of X% as a result of your injury.   In a situation such as yours, the doctor may do a couple things.   She may attack each body part individually and assign a PIR per injury, or she may place you at MMI and assign a PIR taking into account all injuries.     The higher the Permanent Impairment Rating, or percentage of total body disability, the greater the number of weeks that you are eligible to receive Income Impairment Benefits.   For example,  an Permanent Impairment Rating of 1-10% would entitle you to two weeks of Income Impairment Benefits per percentage point.  The number of weeks would increase at various intervals for anything above 10%. We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Generally, the date of disability in PA is the date that you suffered a loss in earning power. If you suffered a loss of earnings immediately and your loss of earnings exceeded 7 days then you may be entitled to wage loss benefits dating back to the date of your injury. You should ask the carrier to explain the discrepancy as it may simply be an error on their part. Perhaps their are additional relevant facts. If the carrier does not agree to pay benefits dating back to 12/19/14, you  should retain a workers compensation specialist. Many , if not most, initial consultations will be free of charge.  ... Read Answer

if you settled, you really cannot do anything under tn law. if the case was still pending, you could see another dr for another opinion. the disability and settlement value is low under tn law, the biggest benifit is medical tmt, and that can be closed for payment at times.  thank you, jay stillman... Read Answer

you have 30 days from the date THAT YOU REALIZE YOU HAVE  an ainjury, that requires medical tmt,a nd that it is related to your work. if you didn't know, or didn't think it was serious, or caused by work, your time begins from when you are informed of these connections. thank you, jay stillman... Read Answer

usually if you are claiming an injury at work, all your prior records of medical treatment are relevant, or might be. the defense has the right to see and decide if relevant, re prior injuries, etc. it should not be a problem, most can be put in proper perspective and not damage your current claim, whether it is a new injury or an aggravation of a prior injury. both are compensable. thank you,  jay stillman... Read Answer

We practice in Florida specific workers comp claims but there are a couple of attornies who handle Federal claims.  Please give us a call and we would be more than happy to get you in touch with one.     e would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

You may still be eligible for workers compensation wage benefits during your recovery time subsequent to surgery, whether it is six months or longer.  The amount may depend on the work status and restrictions the doctor gives you.  For example,  if you are out of work completely while in recovery then you will be eligible for Temporary Total Disability benefits which would be 66 and 2/3 of your average weekly wage.  Since your accident was in 2014 this amount would be capped at $827.00 per week.   If the doctor puts on a light duty work status with restrictions you may be eligible for Temporary Partial Disability benefits, which would be calculated using a different formula based on whether or not you are making 80% of your pre-injury average weekly wage.    Both of these types of benefits are capped at 104 weeks of eligibility so you should not run into a problem in that regard.   If you are eligible to receive either of these benefits the carrier would typically pay every two weeks.   A couple of the most common problems we deal with is regarding missed wage benefits.   It is extremely important to make sure that the carrier is both calculating the amount of the benefit correctly and paying timely.  When a injured worker is out of work, he or she relies on these benefits for their livelihood and to often there are problems with the the amount or the time frame of payment.  e would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

If you are injured on the job in Virginia, most of the time you are eligible for workers' compensation coverage for your medical bills and lost wages. If you recover 100% and return to work with no work restrictions, then this can be the end of your claim and there will be no settlement. On the other hand if due to your injury you have work restrictions that prevent your pre-injury work the WC insurance company has a choice. It can continue to pay you weekly WC payments, find you a light duty job, or reach a settlement with you. The insurance company will only reach a settlement with you if it is in its interest to do so. There is no requirement to reach a settlement. And there is no compensation in a WC case for "pain and suffering" and "loss of quality of life" like there would be in a personal injury case. A settlement can involve many factors. For a free consultation contact Jerry Lutkenhaus at 804-358-4766 or toll-free at 1(800) 256-8862 or visit our website at www.virginiadisabilitylawyer.com.... Read Answer

If you were at work, then your employer should file report the claim to its workers compensation carrier. If the employer does not report the claim, then you should file the claim with the Virginia Workers' Compensation Commission. You have two years to file such a claim with the Commission. If you were injured by a third party not connected with your employer, you may have a personal injury claim in addition to your workers compensation claim. You can also check my website at www.virginiadisabilitylawyer.com.... Read Answer

Leaving the job should not affect your medical benefits but make sure you have a lifetime medical award by calling the Virginia Workers' Compensation Commission. If you leave the job, it could affect your rights to future compensation for wage loss. You can also review my website www.geraldlutkenhaus.com for more information.... Read Answer

You certainly may file a claim after being terminated or leaving employment for any other reason.   There are a couple of notice and Statute of Limitations issues that you should be aware of.   Under Florida law and injured employee has thirty days to notify their employer of an injury arising out of an accident at work.    In addition to the notice requirement, a claim must be brought within two years or be forever barred by the statute of limitations.   There are many instances where the notice requirement may be waived such as the employer having actual knowledge of the accident and injury.   We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Your wife's claim if governed  under Federal Workers' Compensation laws.   We practice solely Florida state specific claims.   There are a couple attorneys who handle federal claims and we would be more than happy to get into contact with one.    We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Unfortunately your question is not a Workers Compensation question.  You would be better served talking to an attorney who practicess business law.  If you cannot find one, please feel free to contact us as we will get you a name of someone who may be able to help.   We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

It's extremely common for employers and insurance companies to find ways out of paying their employees the workers' compensation compensation benefits to which their employees are entitled. You did not give enough information regarding your case for me to give you any advice specific to your situation but, if you've been hurt at work, I strongly recommend you contact a workers' compensation attorney immediately. Workers' compensation is a complex area of law and you should not try to navigate the system on your own. My office does not charge for consulations and I suspect most other workers' compnesation attorneys do not either; you have nothing to lose by contacting an attorney. We also do not charge hourly, but work off a percentage of your benefits should we successfully obtain them, so price should not be holding you back.... Read Answer

While this is not a type of law we normally handle, we have attorneys we could refer you to who practice employment law and may be able to help.     e would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

The short answer is that it is completely up to you.   If you exempt yourself and are injured on the job, you will be responsible for your own medical care either through your private health insurance or out of pocket.   e would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer