Workers Compensation Legal Questions

I have practiced Virginia Workers Cmopensation law for over 35 years. I understand you have a torn bicep. I understand you returned back to your old job. If your arm has suffered a permanent loss, then you may be able to get a permanent disability rating and be paid for this. You can contact me for more information. You should also make sure your injury is covered by an AWARD from the Virginia Workers Compensation Commission. ... Read Answer

It depends! If you hire a lawyer and file a WC claim, the insurnce company will generally have you resign in lieu of termination at the end of the case.   If you have worked there a long time, it might not make sence.   If you dont mind switching jobs, it probably makes sense to talk.   Feel free to call with any questions 404 418 8507 James... Read Answer

That was pretty bold of that attorney to say something like that, especially if there was a court reporter taking all of it down.  That would create a record of "proof."  You should contact The Florida Bar attorney complaint division at 800-342-8060.  They will walk you through on what can and can't be done.  Our condolences on your ex-wife's terminal condition.  Best of luck in that situation as well as your workers' comp case. Law Office of John W. Merting, P.A.... Read Answer

I highly recommend that you go slow....you are NOT required to settle.  You can have insurance continue to pay until his death - all necessary medical, which will only go up much faster than regular inflation.....plus annual COLA benefit increases.  Insurance usually will only settle for 50 cents on the dollar and they will use a discount rate much higher than normal, then you have to pay Medicare Set Aside and attorney fees and costs out of what is left.  I have obtained many permanent total disability awards and have only settled one! He had a terminal heart condition with only less than a year to live..company was unaware, we settled for a bunch.  He had a family and zero life insurance! All others I have strongly advised against settling, even though I would have gotten a very large fee.  I have done quite a few brain injury maritime cases and almost all required full-time attendant care sooner or later and workers' comp settlement will never include that.  I would be glad to discuss this with you further at no charge.  Good luck! I am out of town, but my cell is 850-454-9584.  Text me your number and I will try to call as soon as I can.  Regards.  John W. Merting... Read Answer

Employers are typically responsible for medical expenses related to work injuries.  You should give your employer notice of the work accident so that they can open a workers comp claim with thier insurance company.  The bill should be given to the insurance company for payment.  ... Read Answer

The Workers' Compensation system is filled with requirements that must be followed by claimants and treating with authorized physicians is one of them. There are also exceptions which come into play when the carrier does not follow their statutory requirements and an attorney can assist you with these issues. The system is a virtual minefield for unrepresented claimants. We cannot directly solicit you so you will need to reach out for consultation. ... Read Answer

This will depend upon the time tables of your injury and certain other factors.  Please give us a call if you would like assistance.  Their may be a workers compensation claim still available to you, but depending on certain dates, you may be close or past the statute of limitations. Please call soon.... Read Answer

Hello R.M. Your situation presents some tricky issues regarding your case status in NJ and FL WC law concerning your type of injury to the same body part. 1st a NJ WC attorney needs to determine if this new incident falls under the re-opened NJ claim. If it does not, and is determined to be a new FL claim, depending upon medical findings and the position taken by the WC carrier, you may need to reach out asap for consultation with a FL WC attorney to protect your rights.... Read Answer

Since you were injured on the job, you are absolutely entitled to Florida Workers Compensation benefits, but because you are covered by workers comp you can not sue. Hopefully you reported your injury promptly. You should consult with a Board Certified Workers Comp attorney who only represents claimants and no employers and their insurance companies. Good luck and regards... Read Answer

Jackie: I am sorry to hear about the injury that your husband suffered, and the resulting difficulties that the 2 of you are experiencing.Unfortunately, Workers Compensation only provides wage loss benefits and medical benefits, not "special damages." Further, a Spouse does not have a cause of action result of a Workers Compensation Claim.If your Husband was injured by a "third-party" such as being involved in a motor vehicle accident, slip and fall on a customer's property or by a defective product, he may have a third-party cause of action which would then allow you to have a loss of consortium claim. If, however, your husband's injuries was merely due to his performing his regular job duties and/or caused by a co-employee he would not have such a third-party cause of action nor would you have any loss of consortium claim.If you require any further information regarding your inquiry, do not hesitate to contact my Office. Richard A Jaffe 215 496 9607 http://www.PhillyWorkInjury.com... Read Answer

Under Indiana Law, when a compensable injury renders an employee unable to work, compensation for lost wages is paid starting on the eighth day.  These are referred to as Temporary Total Disability (TTD) benefits and are 2/3rds of your average weekly wage.  I would suggest you contact my partner, Karl Popowics, who is a very experienced workers compensation attorney.  He will be able to answer any questions you might have.  317-843-2606.... Read Answer

You should consult with a workers' compensation attorney as soon as possible.  There are notice and statute of limitations deadlines on your claim.  You will likely need to file a petition to enforce your rights under the workers' compensation laws, but an attorney woudl need more details to be able to help you.     I would be happy to discuss your options with you.   Donna Miller http://donnamiller-law.com/ dmiller@mzelaw.com  ... Read Answer

 Yes, you should seek the services of a Worker’s Compensation or workplace injury attorney right away. Most charge on a contingency fee basis which means you don’t pay unless  there is a favorable recovery. I suggest you consult your local telephone Yellow Pages to locate an attorney. Good luck. ... Read Answer

She can ask for the contact information for the work comp carrier, provide written notice to HR/supervisor of her injury and request for medical treatment, or just go for examination herself and report to the doctor that the condition is related to work.     Donna Miller Grefe & Sidney, PLC 51-245-4300... Read Answer

You may have a Workers Compensation claim based upon “occupational exposure” which in your case was repetitive movements over a prolonged period of time.  I would recommend that you consult with an experienced workers compensation attorney.  Sincerely, Edward P. Shamy, Jr. 732-821-0400... Read Answer

Hi Patrick, Unfortunately, there is no law that requires an employer or insurance company to authorize a physician within a certain period of time  There should be a law but there isn’t.   So your best recourse is to retain counsel to represent you to file a motion for medical benefits to compel the insurance carrier to authorize an orthopedic specialist or to allow you to select your own orthopedic physician   I would not wait to take action because the quality of the result that can be obtained on the reattachment of your bicep tendon could be adversely affected by a delay in receiving that treatment. Sincerely, Edward P Shamy, Jr 732-821-0400  ... Read Answer

You can see if your lawyer is licensed by searching at this website:  https://www.iacourtcommissions.org/SearchLawyer.do If you are unhappy with your lawyer, you can also search the Iowa State Bar Association's website for an attonrey who practices in workers' compensation in your area:  https://www.iowafindalawyer.com/   I would be happy to talk to you if you have further questions.     Donna Miller 51-245-4300 dmiller@grefesidney.com    ... Read Answer