Charles Cleveland’s Answers
114 total
I have been denied workers compensation settlement . I was injured at worker (fell down stairs) .
Charles’s Answer
If you have not fully recovered from your injury, I advise you to see consultation with an experienced workers compensation attorney as soon as possible. If the industrial medical clinic has released you without disabilities, impairment, future medical care and other benefits that may be applicable to you, you need to obtain a qualified medical evaluator for an independent opinion. This is probably something you should not handle yourself, you can find an experienced attorney here on this site are at CAAA.org
I slipped and fell at work and I was already having back problems and this made it worse. What can I do?
Charles’s Answer
Workers compensation is very complicated and you should seek the advice of a local experienced attorney preferably a certified Specialist in Worker's Compensation law as soon as possible. Consultations are free. There are various timelines and limitations that may affect you and your employer and the insurance company is unlikely to tell you about them. Find an attorney at this site or at CAAA.org as soon as possible to discuss your rights and benefits.
Can I get a new job while on workmens comp?
Charles’s Answer
The easy answer is yes you can find a new job but you should probably consult an experienced workers compensation attorney in your area to discuss your rights and benefits. If the industrial doctor has released to back to work with restrictions and your employer has not had an accommodation meeting with you regarding those instructions, that may give rise to some legal actions and rights on your behalf. Further, if your employer cannot accommodate those restrictions, you may be eligible for vocational rehabilitation benefits. Lastly if you object or disagree with the findings of the doctor that released you, you should get a qualified medical evaluator. Based on your question, I highly recommend you find a local attorney to discuss your rights and benefits.
How long after your lawyer receive the qme report, how long after qe talk settlement? ?
Charles’s Answer
You should talk to your attorney to share the analysis of that report with you. If that report is complete and final and covering all of the pertinent issues generally settlement should be forthcoming as long as there are no disagreements or ongoing discovery tasks. if the doctors report found you to be permanent and stationary or have reached maximum medical improvement, that report needs to cover the big ticket items like apportionment, work restrictions, impairments, return to work issues, future medical care amongst other things. If the report is incomplete, talk to your attorney about what the next step is.
Do I have to pay SDI back if I reach a settlement?
Charles’s Answer
As long as you do not have a duplication of benefits where state disability and temporary disability were paid at the same time, you do not have to pay back EDD. In some situations where state disability was paid after your permanent and stationary date, EDD might claim permanent disability advances if benefits were paid after your permanent and stationary date.
What is the meaning of PQME?
Charles’s Answer
That acronym stands for panel qualified medical evaluator. Picking one can be tricky, I recommend you consult an experienced attorney in your area familiar with the listings of PQME's in your area. Choosing the wrong doctor for your type of injury can have permanent and irrevocable ramifications to your case. Contact an experienced attorney on this site or at CAAA.org
I fell at work a year ago and injured my back i filed a report but quit my job can I sue so I can get treatment.
Charles’s Answer
I suggest you hire a workers compensation attorney as soon as possible as there are certain time limitations that pertain to your case. The insurance company and your employer had been giving you the runaround for a year in the hopes that you'll just go away. Workers compensation is very complex and hiring an attorney is your best option as they are not going to help you.. I suggest you do so soon as possible. You can find an attorney on this site or at CAAA.org
What do I do, when my workers comp treatment is being denied?
Charles’s Answer
You're probably going to need an attorney to move you through this. It is likely you will have to see a qualified medical evaluator for an independent opinion. All of your treatment is likely to be denied through the utilization review and independent medical review process. The statistics for 2016 indicate that your chances of getting your appeals denied for care are about 91.6%. That means you have an 8.4% chance of receiving the treatment you need if it goes through the utilization review process. Consultations are free, you can find an experienced workers compensation lawyer on this site or you can find one at CAAA.org
What what happens if I take my employer to court because of a work injury? what am i entitled to?
Charles’s Answer
It sounds like you're going to need an attorney, Call a certified specialist in your area. You're not suing your employer, it is a claim for benefits. You're entitled to medical care, temporary disability, permanent partial disability, future medical care, and vocational rehabilitation benefits. It's a complicated system, I recommend you get representation as soon as possible.
Should I settle workers comp case?
Charles’s Answer
To answer your question, insurance companies usually want to close files that any stage in their development. They may want to close it and make an offer after continue treatment. The question is will you get your continued treatment and that decision should weigh heavily on whether you accept an offer or not. Here are some fun facts to help you in your decision. Insurance carriers will deny your treatment about 90% of the time through utilization review. If you appeal that denial through independent medical review, according to 2016 statistics, you have a 91.6% chance of having your treatment permanently denied for one year. There is an 8.4% chance that your treatment will be approved in this process.There are fewer medical provider network doctors every day willing to see patients who have future medical care. Those are some facts I would take into consideration in closing a workers compensation case. You should discuss this with your attorney.