Workers Compensation Legal Questions

Of course you are entitled to sit upright and to imbibe beverages.  You are not expected to lie in bed all day every day and do nothing.  You do not have to be completely and totally disabled to be unable to work and receive workers compensation.  You are still allowed to have a life.  Is someone giving you a hard time about that? This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

Under Georgia Workers Compensation law, if an injured worker returns to work and is then terminated for reasons unrelated to the work injury, the employer usually will not have to reinstate the weekly benefit.  Medical benefits would continue, however.  If the worker’s condition later changes, and he or she is no longer able to work, weekly benefits may be reinstated.  It can often be a struggle to get the insurer to agree that the benefits should be recommenced, however, and it may require a hearing.  If your condition has changed, it is important to get advice from an experienced workers compensation attorney right away.  Your attorney will review the medical records and consult with your doctor to determine if a request for reinstatement of benefits is called for. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH WORK INJURIES, BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read Answer

No attorney can give you an honest appraisal of your claim's settlement value without making a much more in-depth assessment of the facts. I don't know if it's what you want to hear or not, but the insurance company isn't going to offer you fair settlement value unless you're represented by an attorney. Moreover, the insurance company isn't going to adequately ensure your rights are protected while settling your claim. I can tell you that workers' compensation claims are valued very differently than personal injury claims. Pain and suffering, for example, really don't enter into it. Retirement If you already have an attorney, you should ask that he or she sit down with you and go over your claim's strengths, weaknesses, an the pros and cons of settlement. If you don't have an attorney, I highly recommend you get one. In Pennsylvania, workers' compensation attorneys typically work on a contingency basis, which means they get paid based on a portion of what they get you. If you don't have or know an attorney, I'd be happy to speak with you over the phone regarding your case and perphaps give you a more detailed answer. If you're interested, please call me at (814) 452-6232 and tell my assistant you spoke with me online.... Read Answer

Based on what you've described, you're in a very delicate situation right now. If you are on doctor's restrictions for an accepted work injury, and your employer is unwilling to offer you work, the insurance company should be paying you wage-loss benefits. If the reason your employer isn't offering you work is because of a termination, whether or not you are entitled to wage-loss benefits depends on the circumstances surrounding your termination. If you are terminated "for cause," there are situations in which you are entitled to benefits, and situations where you are not. Being terminated because you medically cannot do your job should not be a "for cause" termination, but proving that might take a legal battle. Your employer and the insurance company are probably going to use this termination as an excuse to stop your benefits. If you do not presently have a workers' compensation attorney, you NEED to get one. The stakes are too high and the system is too complex to handle it on your own. If you don't already have an attorney, I'd be happy to speak with you regarding your work injury and resulting termination and give you more specific information at no charge. If you'd like to speak with me, call my office on Monday morning at (814) 452-6232 and ask for me. Regardless if you call me or not, you really need to hire an attorney.... Read Answer

You can get your own doctor to do it if that is what you want, but there must be a referral from the treating doctor to the impairment rating doctor or the impairment rating will not be valid and will not be adopted.  I help people get to the right impairment rating doctor all the time.  Let me know if you need help.... Read Answer

I have handled many Worker's Compensation claims where the adjuster failed to author rise the MRI or other medical care.  I certainly understand how frustrating this is for you.  You were injured, and all you want to do is get better.  You are entitled to receive medical care that is authorized from the physician.  In order to get this treatment approved, a hearing will need to be requested with the Worker's Compensation commission.  I highly recommend that you hire an experienced workers compensation attorney.  Under the law, the workers compensation carrier is required to have an attorney at the hearing.  Please call me at 803-350-9230 to see if I can assist you.   My email address is rgoings@goingslawfirm.com.  ... Read Answer

If the injury occured in Chicago, it is a Illinois workers compensation case.  You settled that case, therefore no other case is allowed per the comp law.  If your case was settled "with liability," the insurance company will pay your reasonable and related medical bills for the rest of your life.  Any claim for weekly benefits exhausted upon settlement.... Read Answer

If you slipped while in the course and scope of employment, then you should be able to file a workers' compensation claim for related medical bills and replacement wages at 60% of your average weekly wage.  Slips and falls are very common workplace injuries that are compensable under the Massachusetts workers' compensation law. If you would like to discuss this further, please call my office.... Read Answer