Workers Compensation Legal Questions

Dear Anonymous,       Did you have an specific injury to your lower back in October 2015 or did the back pain develop over a period of time. If you had a specific injury, you have 30 days from the date of accident to put your employer on notice of the accident/injury. If you did let your employer know about it, then you should be receiving medical treatment through the workers' compensation insurance company and wage loss benefits, if your doctor takes you out of work or places restrictions on your job duties that your employer cannot accommodate.... Read More

I'm really sorry to hear about your condition. I think I'd need more information in order to answer your question specifically.  You have 120 days w/in which to report a work injury to your employer.  You have three years to file a claim petition.  You may be out of time.  From what you wrote, I take it that your employer turned your claim into its workers comp carrier.  What action did the insurance company take in response to your claim?  Was your claim accepted or denied?  The procedural posture of your claim is important.  Have you been working for the same employer since 2007?  Perhaps your injury could be a repetitive trauma type injury.  I'd be happy to speak with you in greater detail. Feel free to give me a call.  You should contact an attorney right away to discuss the details.  ... Read More

This is a difficult question to answer with the information provided. If you are receiving temporary total disability compensation (TTDC), then retirement could be construed as "workforce abandonment."  The fact of your retirement could be used as a basis to contest further TTDC payments. If you are on permanent total disability compensation (PTD), then retirement is of no consequence. Some forms of retirement, however, might not affect WC payments,  For example, a disability retirement or a retirement that vests at a certain age or a certain number of years of service likely would not affect WC payment. Your question represents one of the most complicated Ohio WC issues and cases often can be found going both ways. The botom line is that there are many variables that come in to play and there is no one definitive answer,  You really need to sit down with a board certified workers' compenation specialist and review your specific fact pattern.... Read More

If the owner refused to report the incident to its workers compensation insurance company, I can suggest one of two things to you:  1) you can go to the PA Insurance Department and see if the employer has workers comp insurance and, if so, call the insurance company and report the incident yourself; or 2) you can file a claim petition with the bureau of workers compensation seeking applicable benefits under the workers compensation act.  Your daugther must "report" the accident to her employer within 120 days of the accident.  So it would be a good idea to send a certified letter to the employer reporting that she was injured in the course and scope of her work duties on a particular date and asking the employer to report the incident to its insurance company.  That way, the employer won't be able to deny that she gave timely notice. ... Read More

You have the absolute right to see a doctor.  If your employer is blocking your claim, then you can contact the OMBUDSMAN at the Department of Workers' Claims to confirm that your employer does have WC insurance. If there is no WC insurance, then you can file a coverage complaint against your employer. Do not let your employer stop you from seeking medical attention.... Read More

If you reported the injury when it happened, your employer should have filed a report of injury with the Commission. It is your responsibility to report a work injury within 30 days, preferably in writing. If benefits are owed to you, you need to file a claim for them with the Commission. However, if they paid the medical bills they do not owe any wages unless you have been medically unable to work and they do not have to pay for the first 7 days until you are out for 21 days. They also do not have to pay for any time after you leave their employment unless you are medically unable to work and seeking other employment.... Read More

If you seek treatment that is not authorized by the comp carrier through your panel physician, you are usually responsible for payment of those bills. You should speak with your nurse case manager or adjuster first to seek to have the treatment approved. If your panel doctor recommended the treatment and it was denied, or if the treatment was medically necessary treatment for your work injury and was denied, you should speak with an attorney. Your personal opinion that the panel physician is not sufficient for the treatment to be compensable; a medical opinion (in writing) will be required for contested treatment.... Read More

As long as your activities are with your doctor's encouragement to be as active as you can tolerate and you are honest about those activities, you should not have a problem. Surveillance activity checks are pretty common. If they are showing the video to your doctor, you should request a copy of it as well.  They may want to take your deposition and ask you about your activities before you are given a copy of the video and they are entitled to do so per workers' comp. law in Florida.... Read More

From what you describe, you would likely have to file suit in Missouri, especially if the company does not have any Kentucky based facilities. You may be able to file an administrative complaint with the Missouri Department of Labor -- Missouri Wage Complaint Process. You may also wish to consult with a lawyer in Missouri -- Possible Lawyer Contact.  There are many lawyer listed on line and if this firm cannot help, perhaps they could make a refferral.... Read More

Most importantly, time is of the essence! When did this happen? Have you filed the appropriate paperwork?  Do you have an attorney? I would reccomend that you contact our office or another attorney immediatley to deal with this. It sounds like a viable case. Depending on your rate of pay and the extent of your injuries, it could be a very good case. Please contact us at 203-870-6700.... Read More

You indicate you were injured by a piece of equipment at work. You indicate you have a workers compensation case. You did not say you have an "award" for this injury from the Virginia Workers' Compensation Commission. If you do not, you should seek legal advice. Is this injury going to prevent you from doing your occupation? If you are unsure you should seek legal advice. Was the equipment defective? If you are unsure about this, you should seek legal advice. Are you receiving all the benefits you are entitled to? If you are unsure you should seek legal advice.  I hope this is helpful. For more information, check www.virginiadisabilitylawyer. com. ... Read More

Dear Anonymous,   In addition to a claim under the Worker's Compensation Act, you also may have a claim against your employer for discrimination, harassment and/or wrongful termination based on your disability.  I would need more information in order to fully evaluate your case.  Please feel free to contact me for a free case evaluation.   Very truly yours,   Chip ... Read More

Whether it is worth your time or not depends on you and the amount of wages that are owed. If it is a small amount, let it go. If it is large, than you can represent yourself in General Sessions Court (small claims court) and sue the former employer. It all depends on how motivated you are to pursue it.... Read More

Since I am not sure what the relationship between your work comp case is and the federal tort claim that you want to file, I can not tell you if you should wait or not. The statute of limitations for a tort claim against the United States provides: A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing ... of notice of final denial of the claim by the agency to which it was presented. 28 U.S.C. § 2401(b) ... Read More