Workers Compensation Legal Questions

In Missouri, there is no compensation for pain and suffering.  However, if you have any permanent problems, which sounds likely, then you would be entitled to a lump sum for permanent disability compensation, regardless of whether the treating physician gave you a disability rating.  If the accident happened in Missouri or if your employer is located here, then you have up to two years to file a claim in Missouri, although I do not recommend waiting that long.... Read More

Good question. Providing a good medical history is important. It is important that the pulmonologist know that prior to the gas exposure, your husband had no prior history of asthma and asthma symptioms and that these symptoms appeared only after the exposure. Go online and do your research as to what is the cause of adult onset asthma. The pulmonologist needs to be able to rule out other asthma triggers such as smoking, allergies, etc, such that he is left with only one conclusion, that the asthma was caused by the gas exposure. Then he should be able to state with a reasonable degree of medical certainity that it was the gas exposure that caused the asthma. If this is the case, the feel free to contact me and I will be glad to represent your husband in a workers compensation claim against the company. Feel free to contact me with any additional questions.... Read More

If you are reciving biweekly compensation for permanet total disability, then the answer is "no." If you have previously received an award for permanent partial disability, then your can submit an application with appropriate medical proof to increase the percentage previously awarded.  If an increase is awarded, then you would be paid based upon the increase only.  For example, if the prior award was 6% and then was increased to 10%, then the payment would be the value of the additional 4%.... Read More

The limited facts you provided about where, when, and what caused the fall make it difficult to answer your question. Each claim is fact-specific as to whether the injuries were incident to the employent (arose out of and happened in the course of the job). How long ago did this happen? Was the injury reported in a timely manner? Is there medical documentation to confirm that it was a work injury? Did the employer report her injury to the VWCC? If not, has a claim for benefits been filed by her or on her behalf? Did she miss more than 7 days from work on orders from a physician? Did the employer voluntarily pay any benefits? Your mother should meet with a qualified worker's compensation attorney for a consultation to discuss these issues and to determine how to proceed.... Read More

Your question is bit unclear, but I think I get the gist of your inquiry. If you were injured in a work related accident giving rise to a claim against a third party, i.e., you were rearended driving a delivery truck, then if you collect against the third party you have an obligation to reimburse for the WC benefits you have recieved. This is called "subrogation" and is set forth in Ohio Revised Code Sections 4123.93 and 4123.931. Subrogation reimbursement is generally negotiable based upon the amount of your third party recovery.... Read More

Impossible to answer your inquiry without additional facts. When was your accident? have you reached MMI? are you still treating with a physician? Why were you terminated? How long had you worked at the employer? were you given FMLA time off? You need to seek an attorney's advice with all the details of your accident and treatment.... Read More

The calculation on your compensation rate is the 13 weeks of earnings prior to your accident x 2/3. If that is below minimum wage because of your actual earnings that is the amount. You should know that that amount is not taxable as your wages are taxable. For example, If average weekly wage is $313.65, the compensation rate for temporary total benefits would be $209.10. the temporary partial rate would be $200.74. Seek legal guidance if you have further questions.... Read More

It is difficult to say what the purpose of the hearing would be, as all seems to be going along smooothly on your case.  Regarding your ongoing benefits, you should continue to receive medical care, at your employer's expense, for treatment of your injury.  If you miss time from work in the future due to an inability to perform your job (due to your injury), you should be paid workers compensation benefits for that time missed (subject to certain limitations).  You may also be entitled to payment for any permanent impairment you have sustained as a consequence of your injury. Hope this helps!... Read More

Sure, you have a right to communicate with your doctor and discuss your medical options.  Your employer gets to choose the providers, but not the treatment.  As long as your decisions are reasonable, you have the choice of what treatment to receive, assuming it has been recommended by the doctor.... Read More

You certainly describe a WC claim. However, depending upon the time sequence, you may have let too much time expire. This is a situation that is very fact specific and you really need to gove over the chronology with a board certified WC specialist (I am board certidied). The issue is how much time has elapsed since the date of injury, dates of the initial treatment, what history/complaints were reported, and when you first sought treatment for your neck.... Read More

Firstly, make sure the accident is reported to your employer if you have not already done so. The are responsible for reporting the injury to the Worker's Compensation Commission and providing your with a panel of 3 physcians to choose from. If they faile to do son, you can then file online using the WebFile system of the Commission. Once you register, a claim for benefits will need to be filed. If the claim is denied, see an attorney with your medical documentation. God Bless, Jan... Read More

Permanent restrictions are a factor to establish a whole person permanent partial impairment rate.  The rate -- along with some other factors -- then translates into a financial award for permanent disability.  In KY, these calculations are set by statute. Your employer likely does not have to create a job or provide light duty to accommodate your restrictions.  While you may have some protection under the Americans With Disabilities Act, such claims are difficult and take a long time to pursue. The KY WC system is designed and administered to encourage settlement of claims. You are likely stuck seeking work within your restrictions and moving to resolve your claim. ... Read More

Your quitting your job may have a negative impact on your workers' compensation disability checks but your rights to workers' compensation medical care has nothing to do with your employment relationship.  You are entitled to workers' compensation medical care as long as you can show that the need for this medical care is primarily the workers' compensation accident.  If part of the need something other than the workers' compensation accident, you may have to pay for a part of the medical care.  However, none of this is affected by where you work or whether you are working or not.... Read More