Workers Compensation Legal Questions

It might be time to sit down with a Workers compensation attorney and see if you can either get more therapy approved or settle these claims out and/or explore other options available to you. My firm has a focus in this area if you do not already have representation. Also, have you applied for SSD?  Are all your injuries related back to your four open claims? 203.870.6700... Read Answer

If you were just walking around at work and rolled your ankle it is not work-related.  You need something at work to have cassue the injury like tripping on something or falling becasue of ice or uneven pavement.  However, consult a local worker''s compenation lawyer for a case review.... Read Answer

The difficulty you are probably having is finding an attorney who handles federal workers compensation.  My office handles workman's comp cases all day long, but federal employees are different.  I did a web search with this in mind for you.  The firm that kept popping up is the Harris Law Firm which has three locations around the country.  I imagine an awful lot is done virtually now too.   Their contact number is (877) 226-2723.  Good luck. I hope this helps you.  If you need further assistance and for all other cases in Connecticut, please feel free to contact my office at 203. 870. 6700. ... Read Answer

You can make a claim from a mental injury associated with work but if it is not tied to a physical injury adn is what is known as a mental-mental injury (which that is what yours sounds like), you need to pass the extraordinary stress test which, esssentially, says that your mental stress must be deemed outside the norm of the usual stress that other similarly situated workers experience in your line of work.  Call a qualified worker's comepnsation lawyer in your area for a free case evaluation.  Good luck.... Read Answer

That is one of the main problems with getting lifetime medical for your work injury.  The employer/insuranced company still controls your medical treatment.  A possible option is to have the them buy out your future medical to close out your case.  This would allow you to have control over your medical treatment.  However, the insurance company has to agree to this as well.  Please contact me if you want to discuss this further.   Cyrus Chen CCC Law Group 949-888-9807... Read Answer

This kind of review and exemption report would not be something that your workers compensation insurance would pay for, as it's not directly related to your injury. That's likely why your work comp doctor will not do it, as they won't get paid. You will need to have your own private doctor write this kind of exemption report, or pay a different private doctor to do it.... Read Answer

There is no exact timeline, as workers compensation is typically your exclusive remedy unless there was additional negligence by a third party or the employer didn't have insurance coverage. Sometimes it's immediately apparent based on the facts, sometimes it can take months to find out there is no coverage. It all really depends on far more details that you will need to discuss with a attorney in detail. If you aren't happy with your work comp attorney you can always switch to a new one with no increase in fees. We all give free consults and take cases all over California... Read Answer

Yes you still have a workers compensation case and should consult with a work comp attorney. The employer will be liable for your injury, including any increase on the injury due to their delay and failure to follow the rules. While taken off work you may be entitled to temporary disability benefits at 2/3rds of your wages, and once recovered you may be entitled to permanent disability settlement amount and future medical care for your shoulder for the rest of your life. Best to call one of us on Lawyers.com that handles work comp to help you through this complicated process. We all give free consults and fees are low at 15%. Wishing you all the best... Read Answer

I am sorry to hear about what happened to your mother. The first thing that should be done after your mother seeks medical treatment and is taken care of in that regard, is to get the police involved in investigating the incident/ its background and then obtain their report. To further answer your question, I would need more information than you provided. I hope that your mother recovers fully.... Read Answer

Depending on the specific facts of your situation, you could have one or more legal claims. Were you working for the school at the time that you were injured? Employees who are hurt on the job should report their injuries immediately and also file a written description of the incident within 30 days. If you need medical attention, let your employer know right away in case they wish to direct you to a specific medical provider, which is allowed here in North Carolina. In addition to a claim for workers' compensation, you may also have other legal claims depending on the circumstances in which you were injured. An attorney can help you sort through the facts and figure out what avenues to pursue. Be sure to act promptly in pursuing your rights since all legal claims have time limitations. Best wishes.... Read Answer

I am sorry to hear about your husband's injury and hope that he recovers fully. More facts are needed which can be discussed in consultation. An experienced professional can guide and advise you and evaluate his claim.  You will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay so as not to prejudice his rights.... Read Answer

If the part of your work that exceeds the permanent limitations is an essential part of your job, you need to utilize an attorney in the Workers' Comp arena to obtain Vocational Rehabilitation (retraining) AND Permanent Partial Disability benefits from your employer.  If the tasks are NOT "essential requirements" of YOUR job, then the employer has a duty to accommodate you and NOT to discriminate against you or it may be violating the ADA. You should be eligible for unemployment as long as you are able to accept employment offered you "within doctors restrictions", if you are still getting Temporary Total Disability (TTD) payments on a weekly basis that is the issue with unemployment because you can't get both.   If vocational rehabilitation isn't an option, and if the task (you are unable to do) is an essential requirement of your job, you may want to apply for Social Security Disability benefits before you have been off work so long you lose your insured status (i.e. have sufficient quarters of employment within 5 years) to be eligible for SSD. You may need 2 or 3 different layers to cover all bases, but luckily most of lawyers in these areas work on a contingent basis so you don't have to pay by the hour.     TIME IS OF THE ESSENCE, Consult with a lawyer or lawyers (Workers' Comp / Disability Discrimination / Social Secuirty) ASAP!!!!!... Read Answer

Hello,  You may need to consult with a Workers Comp attorney on that part of the claim; however, it appears that you have a potential Personal Injury claim. For that, you should speak with a Personal Injury attorney. Reach out for consultation, as we are not permitted to solicit on this forum. Do so as soon as possible, as there are deadlines and requirements to file claims. ... Read Answer

You definitely would be better suited with an experienced attorney that knows the ins and outs of navigating through the worker's compensation world.  My partner, Christopher Hite and I handle this area regularaly and for almost twenty years.  Please feel free to contact our firm and ask for Attorney Hite.  Please mention that you found us through this correspondence.  203.870.6700.  We look forward to speaking with you soon.... Read Answer

Hi Michael,   Hi Michael.  The permanent impairment rating for your wrist requires an equation that would need to be multiplied by your compensation rate (the amount of money you received in your weekly).  The higher impairment rating, the larger the amount of money.  I would caution you that if it was a doctor of the work comp insurance company's choosing that did the impairment rating, he or she may have issued an impairment that is lower than it should be.  You are entitled to have a doctor of your choosing perform an impairment rating, and I think that is important to do.     The equation would look like this.  210 weeks x .35 impairment = 73.5 weeks, which you would then multiple by your compensation rate.     I've also published the following manual for NH and VT Work Comp Law for Injured Workers, which may be helpful:  https://sabbethlaw.com/practice-areas/workers-compensation/   I wish you the best of luck.  If you have any other questions, please feel free to reach out.     - Mike Sabbeth... Read Answer

It depends where the statement is.  I assume it's in a proposed settlement agreement.  If so, in some cases, injured workers cannot "close out" their claims for permanent disability, and a common example is permanent total disability.  It could also happen in an interim or intermediate settlement that does not close out the claim entirely, and where you have not reached a point of medical stability called "maximum medical improvement" when permanency would be determined.  In this context, the statement would simply mean that you've worked out some issues in the agreement, but concede that there are other issues (namely, permanency) that are too early to close out, so you're leaving them open.  ... Read Answer

Two questions. The lawyer who no longer represents you must have his fees approved by a Court. If fees are being paid by the Employer/Carrier, you can object, but Court will likely approve. If the fees are coming from your money unless the Court finds them reasonable, they wont be awareded.   Worker's Compensation does not require a release. However most Employer/Carriers require one to be signed in order for them to agree to a settlement. ... Read Answer