Workers Compensation Legal Questions

Best advice would be for you to seek a private consultation with a Workers' Comp attorney rather than hope to receive some useful pointers in response to your post. The Workers' Comp system is a very difficult system to attempt to navigate through on a DIY basis. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.... Read More

First, you will not be able to get "pain and suffering" in any workers' compensation case.  Workers' compensation systems are substitutes for non-economic damages (like "pain and suffering") that you might otherwise qualify for in fault-based systems of recovery.  Instead, workers' compensation systems provide economic benefits, mainly in the form of weekly checks to replace lost earning capacity, and payment of medical bills. If your employment placed you at a greater hazard or risk than the public in general of contracting COVID-19, then you might qualify for workers' compensation under South Carolina law as an occupational disease.  The real fight is if your job placed you at a greater risk, statistically speaking, of contracting the virus. There is some research already out there suggesting that grocery store workers are at a heightened risk.  See https://www.ncsl.org/research/labor-and-employment/covid-19-workers-compensation.aspx. So far, though, we haven't seen any published decisions by the South Carolina Workers' Compensation Commission or South Carolina appellate courts looking at COVID-19 specifically, although we'll likely see some in the next year or two.  Until that happens, it's hard to predict what South Carolina will do.   Other than filing an occupational disease claim, if there was a specific incident that led to your contraction of COVID-19, the incident might qualify as an "injury" by accident.  ... Read More

You will need to file an Applicatiion for Adjudication with the Workers Compensation Appeals Board in your city.  You can get help from a certified spcialist in workers Comp from a Certified Specialist.  See more info at www.workpains.com              ... Read More

HelloLet me first say that I am so sorry to hear about your injury at work. The situation you are facing is sadly a pretty regular occurrence. I would assume that you have timely reported your injury to your employer and made them aware of the limitations placed upon your return to work on a light duty basis? Assuming this all is all true and correct, I would encourage you to first go directly to your employer or to human resources and remind them about the injury and the limitations your doctor has placed upon your return to work on a light duty basis. Advise that you are making all proper efforts to continue working, but that being asked to perform, duties that are contrary to the limitations specified by your doctor are making the situation worse. If this falls upon dead ears, I would suggest going back to the doctor and advise what is happening with the employer not honoring the limitations specified. I am certain that the doctor will reiterate the limitations and hopefully indicate that you should not be working at all if the limitations are not honored. I can tell you that the judges at the Department of Industrial Accidents are very supportive and do not appreciate when an employer does not comply with limitations following an injury at work.Hope this helps... Read More

It is completely up to you whether to get an attorney to help you.  Generally, however, if you have surgery, you're at least looking at the possibillty of having permanent restrictions from your injury.  These restrictions might or might not be compatible with the physical demands of your job or other jobs that exist that you could otherwise do, if it were not for your injury.  The frustrations you are having with the system are common, although they are certainly things an attorney can help with, at least so far in understanding the different roles of folks (like the nurse case manager or the insurance adjuster).  If you are having job intimidation, I would recommend at least speaking with a lawyer who is experienced in workers' compensation cases, since the biggest asset in a workers' compensation claim is the ability to keep a good-paying job with benefits and to stay at work, which might or might not be possible because of medical and other reasons.   ... Read More

Unfortuantely, there's not a "one size fits all" answer to your question.  Some claims last only a single medical visit, while other claims cause life-altering injuries--such as paraplegia or traumatic brain injuries with neurological disorders--that could last a lifetime.  A lot depends on how much (and the type of) medical treatment you need, your permanent restrictions, the length of time it takes for you to reach medical stability after an injury, and other factors. Can you share more about your situation? ... Read More

Under the Caslifornia Workers Comp system, your percentage of permanent disability isd determined by how the doctors have rated your impairment per the American Medical Association Guides.  If your rating is less than 100% but the limitations are truly such that you wil be unable to obtain employment at all, you should 1) consult a Social Security attorney 2) obtain a vocational expert who might be willing to testify in your Work Comp Case that you are virtually unemployable due to your limitations 3) apply for the the Supplemental Job Displacement Voucher which would get you benefits beyond just your disability rating. hstevens@workpains.com www.workpains.com... Read More

18% permanent partial disability rating will trigger a permanent partial disability payment.  The amount you will receive will depend on your base comp rate and whether it is your master or non-master arm.    At this point in you case, you should be consulting with a lawyer regarding whether settlement is right for you.  You case may be worth more than you think, but it is important to do a future benefits analysis to determine value.  Feel free to call me at 960-447-3171 x311 or email RMonaco@clsmlaw.com.  There is no charge for the initial consultation.... Read More

Hi Barbra, There's not a clear "yes" or "no" answer to your question.  If the Industrial Commission (the state agency that oversees all workers' compensation claims in North Carolina) agrees that you have a valid reason for not attending the orthopedic appointment, you should be OK.  My personal opinion is that, with the immuno-compromise from your cancer treatment, you've got a valid reason but I'm not the decision maker.   Make sure your oncologist puts in writing the restriction against coming to a medical setting in person.  It's best to get this lined up before you needed, instead of at the last minute if the workers' compensation insurance company starts to fuss about you not being able to show up to the appointment.  ... Read More

Your employment status does not determine your right to proceed with a Workers Compensation case.  The most important things you can do are 1) filll out a form DWC-1 claim form and provide it to your employer (keep a copy for yourself) and 2) see a doctor for treatment while you are still employed.  If you are seeing a Workers Comp doctor (especially one in an industrial medical group like Concentra or Kaiser on the Job, and you are not happy with the quality of care, you can change doctors with cetain limitations. https:www.workpains.com... Read More

Hello Robert.  Your employer is responsible for all reasonable and necessary medical care that flows from your work injury pursuant to KRS 342.020.  The fact that you are no longer employed there is not relevant.  I would contact the employer's insurance carrier and send the bill to them for payment.... Read More

You are not required to return to you date of injury employer.  You can leave the job and find a less physically demanding job if you choose.  Even if you leave your date of injury employer, you can always reopen your case in the future in you need to.  You do not have to be stuck at a physically demanding job.   ... Read More

Robert: You are free to change attrneys if you wish, but if you have already received an award it is unlikely a new attorney will wish to be involved as there will be no way for that person to get paid.  You can look up the contact information for the WCAB office in your city and ask for the Information and Assistance office.  If you have NOT already received a disability award you can contact us at 619-930-5748 for more information...we are in San Diego.... Read More

You injured your leg 2 and 1/2 years ago. You now need a total knee replacement. Normally, a claim for any disability must be filed and the disability must have occurred within 2 years of the date of the accident. You may need to contact me at the office to review this further.  Call me at 804-358–4766 for a free consultation.   Jerry Lutkenhaus... Read More

No you are not responsible if you are following orders. However, you should not be asked to perform work which is beyond your physical restrictions.   You need to get your doctor involved to assess the job they are offering you to decide if you can handle it.   If you have any attorney, they should know about this. If you do not have an attorney, perhaps you should consider one.  Best of luck.  ... Read More

It can take several weeks especially with Christmas in between.  I would give it a month.  You should have a lawyer for a matter such as this.  It will only get more complicated i the future.  Feel free to call Attorney Monaco or his paralegal Robert Gilchrist at 860-447-3171.... Read More

Your lawyer is entitled to receive 20% as a legal fee on your temporaty partial disability benefits.  You will be required to perform job searches while you are on light duty. If you are displeased, you can find another lawyer, but you former lawyer is still entitled to received a portion of the legal fee, ie. you new lawyer will have to share the legal fee with the old lawyer.  If there is not a lot of money involved, this may make it difficult to find a new lawyer.... Read More

All that is involved in a complete review of your file and case is required before any lawyer can answer your inquiry with any accurracy. You certainly are free to seek a second opinion especially now as you appear to be unrepresented.   If you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.  ... Read More

Your employer does not have to keep your job open while you are out of work on workers' comp.  You are entitled to contnue to receive WC benefits (e.g. medical, wage), but they don't have to keep your job open.   Some employers require that people "reapply" for a job when they are cleared to return to work.... Read More