Workers Compensation Legal Questions

If you no-show for the deposition, then the attorney will issue a subpoena for you to attend.  If you ignore the subpoena, then you can be held in contempt and a capias/warrant could be issued for you. IMO, you should consult with a local attorney to review all of the pleadings to determine whether there is any potential liability for you. A better question is who owned the house at the time of the incident.  When I had a house built, ownership did not transfer too me until after the house was finished and all inspections were done.  If you did not legally own the house at the time, then you likely have no liability to anyone.... Read More

Lets look at your possible options -- please note that your inquiry was a little difficult to follow: 1.  Workers' Compensation:  If you have filed the claim and the claim has been denied, and if you did not pursue all of your appeals, and if the appeal periods have expired, then your claim is dead and over.  I would need more information about the status of your claim to give you a more definite answer. 2.  Social Security Disability Insurance Benefits (DIB):  Since you were working under-the-table, you likely have not been accruing work credits to qualify for income based disability compensation.  SSA can tell you whether you have enough credits as well as your date last insured (DLI).  Your DIB benefits are available only for disabilities that arose prior to your DLI. 3.  Supplemental Security Income (SSI):  Your earnings record has no bearing on SSI eligibility.  The catch is that your household income must be below 125% of the Federal poverty level.  Thus, if you have a working spouse, you may be disqualified. If you have not already done so, then you should definitely apply for DIB & SSI -- go to www.ssa.gov to do so. If you have applied, then you may be stuck in the system waiting for a hearing.  You may be able to file a dire needs request to try to expedite a hearing.... Read More

Florida has some specific laws regarding pre-existing problems that are also work related and how they affect your new accident assuming your new accident is covered by workers' compensation.  Your earlier accident where you went to a chiropractor would have to be covered as a work-related accident in order for you to fit under these specific laws.  If the earlier event was never covered under workers' compensation, it can be treated as a pre-existing condition to reduce or completely stop your benefits from your new accident so there are a lot of facts that a lawyer would need in order to answer your question better.... Read More

No. If you have a claim filed with Ohio BWC, then you can contact the claim representative for status. Your employer has no obligation to help you. You can open an account at www.ohiobwc.com and get direct access to your claim so that you can at least see what is happening. Right now, you are in limbo and if your employer elects to dispute the claim, and he can file an objection for no reason at all, you could be waiting 6-8 weeks or longer. If you feel that you are being jacked around, then you really need to talk to an attorney who is a certified workers' compensation specialist.... Read More

You appear to be describing a permanent partial disability award.  Generally, under the AMA Guides to the Evaluation of Permanent Imapirment, 5th Edition, the conditions you describe would likely warrant a 25-30% whole person impairment rate.  A ball-park figure for this percentage is likely in the $11-12K range and does depend upon your AWW and year of injury. You also have the option to consider a full and final settlement of your claim.  Settlements are premised upon statistical anticipated future claim indemnity and medical.costs. Please note that the more that is paid out on a claim, the lower the potential settlement value. We handle WC claims in Ohio, Kentucky, and Indiana and would be happy to discuss your options with you.... Read More

Which doctor refers you back to work or sets your work restrictions? This is a very good question. The referring doctor "can" retain the case regarding work or no work or the referring doctor can refer this also to the pain management doctor. Some pain management doctors do not want to deal with disability/non-disability issues. Also, some insurers prefer to have the new doctor dictate the work/no work issue. Thus, from the above you can see there is no hard and fast rule. For more information contact Jerry Lutkenhaus at 1-800-256-8862 or visit my website at virginiadisabilitylawyer.com.... Read More

Check with me through my website virginiadisabilitylawyer.com. As a general rule you need to abide by your doctor's restrictions. If you fail to do this, then the insurer can deny any new injury on the grounds you violated your work restrictions. You can also contact me at 1-800-256-8862. Jerry Lutkenhaus.... Read More

If everything in your post to correct, then the answer is "yes." However, expect the insurance company to file a medical bill fee dispute with the Department of Workers' Claims (DWC).  You and your doctor will be required to present evidence of causal relationship of the new condition to the original injury. DWC has 2 judges assigned full time to handle these disputes. Usually, the assigned judge will set up a confeence call with you, your doctor, and the insurance company representative to try to resolve the dispute.  The judge will want your records in advance.  The burden is on the insurance company to prove that the surgey is not related to the claim.  If no agreement is reached, then the judge will decide the issue. If the surgery is allowed, then you will get lost wages based upon your earnings at the time of the original injury.  ... Read More

It is unclear as to who you have called four times.  Do you know who your employer's workers' compensation insurance carrier is?  An attorney who specializes in workers' compensation can probably find out for you if you do not know.  If you have been off work for more than seven days as a result of your workers' compensation injuries, you should be receiving workers' compensation disability checks.  You do not get paid for the first seven days off unless your disability exceeds more than 21 days.  Once your disability exceeds 21 days, you get paid for the first seven days.... Read More

I am assuming that your workers' compensation claim is covered by the Florida Workers' Compensation Law.  If you were injured in another state, it may not be even though you now live in Florida.  The Florida Workers' Compensation Law provides for certain type of disability compensation payments when the claimant (injured worker) is either off all work by a workers' compensation doctor or given physical restrictions that are such that the employer cannot accommodate him or there is work available within his physical restrictions but on a weekly basis, the work available does not pay at least 80% of the average the claimant was earning before the accident.  So therefore, at this stage to receive workers' compensation disability benefits per Florida law, you must either be off all work by your workers' compensation doctor or on limited duty and not earning as much as 80% of your gross weekly average before your accident.  There is a lot more information and examples about the formula as to how you calculate your workers' compensation rates and how long workers' compensation disability benefits last on my website at www.palsolaw.com.... Read More

No, WC primarily covers lost wages, permanent disability, and related medical benefits.  There is no provision to reimburse injured workers for losses such as you describe. WC can pay for broken eyeglasses or modifying cars and houses for handicap accessibility. Even if you were in a work-related motor vehicle accident while operating your own car would still not get you any WV reimbursement for the vehicle damage.... Read More

You can try to characterize the relationship as being an independent contractor/customer relationship -- much like as with the plumber who brings an assistant to your house.  You are not operating a business; in effect, you are a consumer. I would insist that the small business obtain WC coverage and provide you with a copy of the certificate.  The small business not having WC coverage can possibly expose you to liability. If the small business will not comply, then perhaps the "big company" can make a referral.... Read More

I assume from the facts given that your accident happened in Florida and therefore is governed by Florida workers' compensation laws.  Under Florida law, you generally cannot recover payments made for out-of-pocket medical expenses related to a work injury unless the medical treatment was a true emergency.  You should have contacted your employer or its workers' compensation insurance carrier when you determined that the hernia was work related and asked that it be covered under workers' compensation medical.  By going out on your own and using your private insurance to pay for the surgery and then paying on your own for the medications without first seeking approval from the workers' compensation insurance carrier, you unfortunately likely forfeited your right to be reimbursed for these expenses.... Read More

Your workers compensation carrier has a right to chose your medical doctors. That said, you should consider hiring a lawyer because often you have to fight with a carrier to get the care you need. Additionally, if you have a significant injury, you have a claim for permanency benefits related to that over and above claims you have related to medical care.  Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read More

you have a claim for benefits under tn workers compensation. that provides medical treatment, time out of work, and a settlement if any permanent disability. since w/c missed the injury, you can try to hold them liable for the medical expenses, time missed from work, and ppi, impairment.  thank you,  jay stillman, atty... Read More

I am operating on the premise that your employer is State Funded and pays WC premiums to the Bureau of Workers' Compensation (BWC). In 1995, the law was changed to allow the BWC to delegate medical management of claims to independent 3rd parties called Managed Care Organizations (MCO).  MCOs are for-profit companies and operate under BWC rules.  Some MCOs are better than others.  By BWC rule, MCOs have 10 days to make a decision on a treatment request.  Also by BWC, the request is deemed approved if the MCO does not meet the 10 days or "pends" the request to obtain a medical examination.  Your best bet is to push your doctor to hound the MCO.  You could also call 1-800-OHIO BWC and make a complaint about the MCO to the Ombudsman's Office. I do not recommend calling the MCO yourself -- that is better done by your doctor. If you have an attorney, then your attorney can also call the MCO.... Read More

Contact the Department of Workers' Claims (DWC) in Frankfort to file a medical dispute. DWC has established a special docket with dedicated judges and staff to assist injured workers in pursuing medical disputes. Under current KY law, there is no lawful way for an attorney to earn a fee by handling post-allowance medical disputes and there is no indication that the KY Legislature is even considering addressing the issue.  Medical disputes can take a great deal of time to resolve. The number for DWC is 502-564-5550.... Read More