I am on workers comp I went two IME doctor there report said he can not do any work related activities but my lawyer telling me I must look for a work. I hat 3 neck surgery and I'm on heavy medication I don't know what I gonna do. HE want's me to ...
The determination for what is a total disability is somewhat complicated and may have to be litigated depending on the support that your doctor (and/or the IME) is giving you for a 100% disability. Depending on the language of the independent medical examiner, it could mean that you are disabled from your current profession but not from all forms of employment. Your attorney is trying to protect you by keeping you attached to the labor market. If you are not attached to the labor market, you are not entitled to workers compensation benefits. However, if you have a 100% disability, you do not have to look for work. The degree of disability is something that would need to be litigated if there were opinions that were not supporting a 100% disability. I would recommend that you discuss this matter with your attorney to determine the best course of action.See question
I slipped and fell on ice landing on my shoulder while shoveling snow at my work place ruptured my rotator cuff had open shoulder and orthrscopic surgery currently on worker comp. .what kind of award or settlement will I receive at a worker's com...
Pursuant to the 2012 Board Medical Guidelines, a rotator cuff with or without surgery would result in a 10% to 15% schedule loss of use. Many other considerations could factor into an overall determination of your disability including range of motion losses and other special considerations.
Please make sure that you talk with a lawyer near you as the medical evidence will be very determinative of how much your permanency award will be. Medical testimony will likely be necessary and a skilled practitioner will likely increase your overall award. Use the avvo.com attorney search tool to find qualified counsel near you. I wish you the best of luck in a full recovery. Good luck.See question
I got hurt at work. I have herniated disk at the L5. Ive been on wc for over a year now. Ive had 2 mri, nerve conduction test, 2 epidurals that nevere worked. Ive had a phyc pain evaluation and a discogram. Im going in the hospital july 14th to ha...
You certainly need to discuss this matter with an attorney. There are many factors that go into determining the value of any given case. I do not believe that you have given us enough information to determine an approximate value of your case. I hope that you are able to recover for your injuries.See question
I have a workmans comp case and is having a hard time finding someone to do pre settlement loan in Maryland
I will defer to my Maryland brethren for an answer as to whether or not presettlement loans are legal under Maryland law. In any event, my brief research showed that companies may not be loaning money for workers compensation injuries in Maryland. Under New York law, presettlement loans are not permitted for workers compensation. Please consult with a lawyer asap.See question
The fire happened at my job the residents live in a 6bedroom house. the fire was faulty wiring outside the house not my fault will I get the pay thru insurance or file with unemployment...
I agree that this is not a Worker's Compensation case. Whether or not there is lost wages payable to you under their insurance policy is another question. I would recommend that you contact your employer and ask them about your pay as well as a lawyer near you in Freeport to ensure what they are telling you is accurate. I suspect that you will be laid off and that you will be able to collect unemployment. Good luck.See question
I complained two times about the treatment and the service being provided. Friday I received a letter basically saying we won't see you as a patient. How do I get a new Doctor under workman's comp?
Get on the Internet and start looking up doctors in your area. You will have to call them and see whether or not they accept workers compensation.See question
As soon as she got her settlement she filed the divorce is pending, I have got no paper work as of yet,she has also already moved on and is in another relationship we still live in the same house when she comes home.
Get a divorce lawyer ASAP. Bettery to be safe than sorry. These situations are often difficult even under amicable circumstances. Hopefully there are no kids involved. I concur with my colleagues that a personal injury settlement would not likely be part of the marital assets. Good luck.See question
For a person on workers comp and the comp insurance company sends medical records with out with out the signed release or agreement. is this right for them to do?
It is not entirely clear what you are alleging occurred. Your healthcare providers are covered by the HIPAA laws and cannot give out that information without a HIPAA release. The workers compensation carrier, on the other hand, is entitled to your records for treatment that they paid as your workers compensation insurer. The "other" people would be required to complete an OC-110 A form in order for your workers compensation records to be disclosed.
There is no private cause of action under HIPAA, so if you are thinking of suing someone over it, you will have to reconsider. You can report violations of hippo to the New York Department of Health. If you have an open workers compensation case, and are not represented, I would suggest that you contact a local attorney.See question
I am receiving TIBs at the moment from an existing injury. I read that my job also offers short term disability for a maximum of 60 days. I was told I was going to be out of work for 3+ months. Is it possible that I can receive both WC and Short t...
If this matter was in New York, would not be eligible to receive New York disability while receiving workers compensation. Workers compensation coverage would be primary. Oftentimes people receive disability while a claim is being controverted and if the claims established, the disability carrier has a lien against the money moving from the workers compensation carrier.See question
I was injured at work in October, 2013 and have had shoulder and spine surgeries, plus being dianosed as hitting my head and I am going through cognative therapy. I do have a case pending. I've heard so much about being sent to an IME. I have n...
The factors are numerous as to why a person may or may not be sent to an IME. The usual factor is that they believe you are less disabled than you claim to be, so an IME could potentially reduce their exposure and potentially force you back to work. I would recommend that you talk with your lawyer, if you have one, about your concerns and when you can expect to be sent to one. In a case such as yours, if you are going back to work in August, and they know it, they may not send you to one unless you have a permanency opinion. Please use the find a lawyer tool to search for lawyers Worker's Compensation experience near you in Jamaica, New York.See question