Skip to main content
Michael Richard Moebes
Avvo
Pro

Michael Moebes’s Answers

187 total


  • Workers comp

    I'm getting ready to have low back surgery in two days...but i have concerns.. I accrue 2 hours of PTO a week from my employer...i just want to know, since I'll be out of work for about 4 months, will i still accrue my PTO time or does it stop? I ...

    Michael’s Answer

    Probably, but that's not really a workers' comp legal question. Talk to your HR dept. You should get weekly TTD checks from comp while you recover, though!

    See question 
  • Can I recover indeminity payments for being fired while on workers comp.

    Fired while on workers comp.

    Michael’s Answer

    This question is too vague. If you were working light duty and were canned, perhaps. It's hard to get, though; you will fail without legal representation.

    If you're asking if you can sue because of being fired, no.

    See question 
  • How long does employer have to restart weekly workers comp benefits.

    I received an award for workers comp benefits to restart. Is there a time frame that the employer has to restart by law.

    Michael’s Answer

    It should be 20 days, but they may appeal. Talk to the attorney who helped you win your hearing instead of asking the Internet!

    See question 
  • What are my legal rights if I quit to find work I can physically perform?

    I was injured on the job and now have a permanent disability that prevents me from doing my old job. My Doctor has released me back to work with restrictions that is supposed to have me off my feet. No lifting pushing pulling anything over 20 lbs ...

    Michael’s Answer

    There are a lot of ramifications that will result from the release to light duty restrictions from the doctor. You should probably talk to a lawyer to go over those, as they affect your future workers comp benefits.

    If they can't accommodate your light duty, I still would not quit, but instead let them fire you or just keep you as an employee who's out on medical leave, and you should continue to get your workers comp checks. They will stop if you start working somewhere.

    See question 
  • Is there a way to actively sue them for the neglected information which caused the injury to occurr

    My employer failed to provide a handbook of do's and don'ts of the business and position. Lack of this information has caused an on the job injury to happen to myself and was neglected the information. I am wanting to go after them for the neglect...

    Michael’s Answer

    Probably not. The Worker's Compensation Act shields your employer from liability for its negligence if you are hurt while doing your job for them.

    See question 
  • Do I have a case?

    I work at SAMs club and I recently pulled my back and got a heniated disc for having to transfer h2o. I'm on workers comp but I have to miss work to go to appt and lose money I could be working for. There are 2 other coworkers who have done the sa...

    Michael’s Answer

    If you are losing money, you should get temporary partial disability benefits. If you want another medical opinion, talk to a lawyer about helping you explore options for changing doctors.

    See question 
  • Will I still be able to get my injury seen about even though I'm not at the job where I got injured?

    I left the job where I was injured because I could never get in touch with the lawyer that took my case. But I'm still injured.

    Michael’s Answer

    Yes, leaving the job doesn't end your workers' compensation claim. However, you need to talk to your lawyer asap--call his/her office or just show up one day to come up with a plan.

    See question 
  • Worker's comp

    I'm having an anterior l4 l5 fusion (interbody) surgery in a few weeks. I know this is a off the wall question..but how long, with your given experience, are people usually out of work for recovery from this type of surgery? I asked my Doctor how ...

    Michael’s Answer

    In large part, it depends on the doctor (and also how well you take the surgery). If the workers' comp adjuster is calling the shots because you are unrepresented, count on a very quick release to work, whether you are ready and pain-free or not. They want to stop paying you weekly checks as soon as they can!

    See question 
  • Workers Comp

    I'm having back posterior fusion in lumbar in February. My Supervisor and HR told me today to make sure all my paperwork for "Short-Term & Long Term disability was filled out before surgery. I thought that I get Workers Comp benefits while out of ...

    Michael’s Answer

    I would talk to an attorney about the differences between workers' compensation and short-term disability. STD does not provide medical care. If you hurt yourself at work, normally, workers' comp is better. The employer is probably trying to save money by pushing you to use STD.

    See question 
  • How do I get compensation for my injuries and medical bills, do I file a civil case or would a attorney represent me?

    I was injured at work due to the owner not fixing the cracked concrete per OSHA's ordes.My ankle is fractured, Im now hurt and the owner doesn't offer workmans comp. Or medical insurance. My medical expenses are starting to add up.

    Michael’s Answer

    If your employer has 3 or more employees and doesn't fit into a few exceptions, he should have workers' comp insurance. He may be lying to you; I have seen that happen several times. You can look online and see if he really has coverage, or an attorney can help you do it.

    See question