About 2 years ago I was a witness to an incident where a man tripped in a shopping center parking lot; he was not paying attention to where he was walking ( and talking). When he fell he asked for my name and telephone number as a witness; I was r...
My advise as an attorney is that you should not disregard a subpoena. Hopefully the attorneys will not take too long and just ask you to answer some background information about yourself and then want to hear from you on what you observed.See question
I am a medical provider in New York State. I am seeing a patient with an active worker's compensation case. She had underwent surgery for her injury. I had spoken to the adjuster and she wishes for me to provide an examination note from the surgeo...
If you are a medical provider, you should follow the HIPPA laws and make sure you do not disclose any privileged medical information without the patient's consent. That being said, if consent is given, usually all medical providers that treat workers compensation patients sent the corresponding medical records along with the bills in order to be reimbursed for treatment. The workers compensation insurance company usually will not pay for medical charges unless they also have the medical records to confirm the services billed are related to the work injurySee question
I was injured at work and was placed under workers compensation. A few days later I was suspended for one week without pay. Is this legal?
It all depends on the alleged reason why they suspended you. Usually it is illegal if you can prove you were suspended only because you claimed a workers compensation injury. You should speak with a local employment attorney and give more details as to why your employer suspended you.See question
So I have a workers comp and a personal injury case. My attorney for my personal injury is telling me that he is going to get me my lost wages. I haven't worked since April the second but the insurance through workers comp has been sending me my T...
IF your accident occurred while in the course of your employment, then you will be entitled to your workers compensation disability benefits provided you can show you are disabled. Usually State WC laws pay less than your full pre injury wage. If you have a viable 3rd party case, then you can claim additional out of pocket wages for your damages in your 3rd party action. You will probably need to wait for your 3rd party case to settle to get the rest of your lost wages. You should speak with your attorney for further detailsSee question
So I am currently awaiting my QME report and he didn't say I had reached MMI. i can't wait any longer I just want to close my case. Should I just settle my case ?
There are many factors to consider when deciding to settle a WC claim. Before there are any serious decisions to make, you need to get a firm offer from the WC carrier. Once they have made what they say is a final offer, you need to weigh the pros and cons of settling. Will this amount properly compensate you? Will you be able to live on the settlement amount? Do you plan to eventually go back to work or are you going to be out of work for an extended period. Do you plan to also receive social security disability. Are all your medical bills paid. Do you plan to have extensive medical treatment such as surgery after you settle. These are all issues that need to be taken in consideration when you decide to settle. Your best bet is to speak with an experienced WC attorney in your area. Good luckSee question
Hi I have a lawyer for a workmans comp case and the date of injury was 11/24/2014 and it's already passing a year. Everytime I call them it's like if there to busy and are very sarcastic. I tell them when is my deposition? Oh I don't know they ch...
The most important part of a relationship with a lawyer and his/her client is to have good communication. You can try to schedule a in person meeting with your attorney office to ease any concerns you may have. If you continue to feel you are being ignored, you always have a right to change your representation.See question
I work at a gas station. While filling up a propane tank for a customer I received 2nd degree chemical burn on my hand from the propane leaking out. The nozzle was not connected all the way due to the propane tank being stripped therefore the nozz...
I agree. You were injured on the job so you have a primary case through the workers compensation laws of the state where you were injured. You should see a local attorney in your area that specializes in representing injured workers to determine what benefits you are entitled to. You should also explore the potential of a 3rd party recovery against another person or company (other than your employer) that contributed to your accident or were negligent.See question
I got my mmi rating and date already....how long does it take to get approved or whatever they do?
Many state WC laws provide an additional benefit if an injured worker has a permanent loss of function when they are at a maximum medical improvement. Most state WC laws have a specific formula to determine the amount you maybe due for your loss of function. Sometimes, a Workers Compensation Insurance Carrier may dispute your percentage of loss of function and send you to see another doctor (an IME) to perform a loss of function report. You should consult with a local attorney in your area that specializes in representing injured workers.See question
have filed a workman's comp claim..just received notification from Medicare that they were advised of this. And asked(by Medicare) if want 25 per cent of claims paid or 5000 settlement.
If your medical treatments are causally related to your work injury, then the Workers Compensation Insurance Carrier should be responsible to cover the bill. Unfortunately this does now always happen. Perhaps the medical provider mistakenly billed your Medicare or the WC insurance carrier improperly denied your work related medical care and Medicare then picked up the bill. There are strict Medicare laws where they have a right of recovery if you settle your WC case. Their lien cannot be ignored. My suggestion to you is to talk to an experienced WC attorney in your area to further assist you.See question
I fell at work in march 2013 and dislocated my knee cap. after months of therapy I had surgery to repair my MPFL on August 22. I was release back to work this month on 4hr shifts only. before I was injured I only worked Fri, Sat, and Sun(total of ...
Usually if you have a doctor's note stating you are only able to work less hours than what your worked prior to your injury, then WC should cover the loss in pay. Your employer should try to give you a reasonable accommodation. I suggest you consult with a local workers compensation attorney in your area that is well versed in these matters. Good luck!See question