Workers Compensation Legal Questions

I am sorry to hear about your injury. Hopefully, this is not a career ending injury. Since you do heavy lifting, it may be a career ending injury. If the injury is that serious (and it sounds like it could be), then your career as a Scanning Manager may be in jeopardy. Then, I would strongly advise obtaining an opinion from an experienced workers' compensation lawyer about your future. However, you cannot  sue your employer for pain and suffering. When the workers' compensation Act was created 100 years ago, the tradeoff was employers agreed to buy workers'' compensation insurance and in return they got immunity from lawsuits by their employees.  But again, you do need to contact an experienced workers' compensation lawyer about your future. ... Read More

If you are talking about attending a medical appointment, it would depend on the doctor. If you are talking about a workers compensation hearing, then yes a family member can go to the hearing. If you are talking about talking to the insurance company, then you can certainly request permission to do this. ... Read More

Linda,    Is the insurance company treating your claim as an Iowa claim?     It sounds like you have a lot of issues.  If you want to discuss, you can call me at 515-245-4300.     DONNA R. MILLER Telephone 515.245.4300 | Fax 515.245.4452  Email dmiller@grefesidney.com   GREFE • SIDNEY 500 East Court Avenue Suite 200 | P.O. Box 10434    Des Moines, Iowa 50306 | www.grefesidney.com   ... Read More

Dear Anonymous,   I would recommend that you contact an experienced worker's compensation attorney to discuss your claim.  The short answer is that you are not entitled to pain and suffering under Indiana's Worker's Compensation Act.  However, you are entitled to benefits for your time off of work as well as for any permanent impairment that results from you injury.  The permancy of your injury will require the expert opinion of a doctor, and therefore it is important to have an attorney that can assist you through the entire claim process.   If you have questions, please feel free to contact me for a free case evaluation.   Very truly yours,   Chip Clark... Read More

As a general rule, the answer is no.  The point of the creation of the worker's compensation system that was created many years ago was so workers would not have to prove anyone was at fault for an accident.  In the past, it was treated like any other case.  If you wanted to sue your company, you had to show there was wrongdoing or negligence on the part of your company.  When workers got hurt on the job, they would then have to often go through a difficult litigation process to make a claim.  That would often mean medical bills and lost wages would not be paid while the case was ongoing.  The "no fault" worker's compensation system was created so the injured party could seek wages and medical treatment immediately, regardless of how the accident happened - it just needed to happen while in the course of your employment.   In sum, you would be entitled to 60% of your average weekly wage for the time you are out of work and all related medical treatment should be paid.  If these are not happening, you may need an attorney.  In addition, if your injuries are serious enough, you may also be entitled to a lump sum settlement which an attorney can negotiate for you.  The best advice is to seek a free consultation of a worker's compensation attorney in your area.  ... Read More

If you are hurt on your first job and drawing temporary TOTAL DISABILITY, then you can not work a 2nd job and also draw workers compensation benefits because in theory you should not be capable of working the 2nd job. If you are capable of working the 2nd job, then you are capable of working the first job and therefore not eligible for  workers compensation benefits.... Read More

The State of Virginia does not recognize a workers compensation claim based on your facts. Job stress is not recognized as either an accident or as a compensable disease in the State of Virginia. He may have other remedies such as under the Family Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA); however, he has no remedy under the Virginia Workers Compensation Act. ... Read More

I would need more information. In Virginia if you have a compensable accident, you should have lifetime medical coverage for your injury and you have the possibility of 500 weeks of compensation. However, compensation can end if you return to work or are released with no work restrictions. If due to your injury, you cannot work then you should be very careful about settling your case. Once a case is settled medical coverage is cut off. The insurance company no longer has any obligation to make payments. You need to have this reviewed by an experienced Virginia Workers Compensation Lawyer. I have been representing claimants on these type of cases for over 35 years. ... Read More

You only get workers compensation pay following the 7th day of being off of work except if you are off for more than 14 days than you get pay retroactive back to the first day. The statute says: "No compensation shall be allowed for the first seven (7) days of disability resulting from the injury, excluding the day of injury, except the benefits provided for in § 50-6-204, but if disability extends beyond that period, compensation shall commence with the eighth day after the injury. In the event, however, that the disability from the injury exists for a period as long as fourteen (14) days, then compensation shall be allowed beginning with the first day after the injury." § 50-6-205. ... Read More

You should begin receiving Temporary Total Disability benefits after 21 days of being off work.  These benefits are equal to two-thirds of your average weekly wage.  Here is some additional information about Indiana Workers Compensation laws.  If you have additional questions, please call to schedule a free consultation.... Read More

In Virginia a carpal tunnel injury can be a workers compensation injury. However, the doctor must rule out all other causes of the problem and say the carpal tunnel came exclusively from a repetitve activity you did at work. Often it is very hard to get a doctor to do this. You need to meet with the doctor and explain what repetitive activity you do at work you feel caused the problem. ... Read More