Workers Compensation Questions & Answers

WORKERS COMPENSATION QUESTIONS & ANSWERS

• I'm not working and I have no money, how can I hire and attorney?
• What Injuries are covered by the Workers' Compensation Act?
• What is a work-related disease or illness?
• When I suffer a work injury do I have to treat with the company doctor?
• If I'm released by my doctor for light duty, what will happen to my benefits?
• The employer's doctor releases me to go back to work but my doctor disagrees. What are my rights?
• Recently, I was examined by the company physician. Shortly thereafter I received a petition in the mail stating that my benefits should be terminated as of the date of the company doctor's examination. What should I do?
• If I receive workers compensation, how much will my benefits be?
• How soon do I have to tell my employer about an injury?
• Can I be reimbursed for my travel expenses to and from medical treatment?
• What if I plan to retire soon, what should I do? What are my rights?
• What are my rights regarding social security benefits?
• Can I receive unemployment compensation benefits and workers compensation benefits at the same time?
• What will I do if my workers compensation payments are stopped?
• What will I do if my workers compensation is denied?

I'm not working and I have no money, how can I hire and attorney?
If we file a claim for you, you do not have to pay anything until we recover benefits for you. The lawyers fee is deducted from the benefits that are recovered. The fee is 20% of the amount recovered.
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What Injuries are covered by the Workers' Compensation Act?
In simplest terms, if your work causes you an injury, irritates an existing medical or physical condition or causes an illness, the law entitles you to workers' compensation.

A physical or medical condition that already exists (a heart condition, diabetes or even a high school sports injury) does not affect your eligibility for benefits.

For example, a man who for years had a problem with his right knee because of a football injury is eligible for workers' compensation if the job makes his knee problem worse.

Work that irritates an existing disability or causes a disabling injury entities you to benefits.

Employers who deny you workers' compensation because of a prior back problem, a preexisting heart condition or other reasons either do not know the law or are not telling you the truth.
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What is a work-related disease or illness?
Long term exposure to chemicals, dust, fumes, solvents and various compounds may cause a serious illness or disease or irritate an existing medical or physical condition. A liquid you use readily today may be tomorrow's cancer causing chemical.

You are eligible for workers' compensation if your job causes, in whole or in part, your disease or illness.
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When I suffer a work injury do I have to treat with the company doctor?
For the first 90 days of medical care, the law requires you to select from a list of doctors chosen by your employer. The law says that there must be at least six doctors for you to choose from. Your employer cannot (and should not) make the choice for you. You are free to choose your own doctor if your employer does not have a list available. And you are free to select another doctor on the list if the first choice was unsatisfactory. The list usually appears on letterhead from the workers' compensation insurance carrier. The sheet should explain your rights and obligations under the law.
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If I'm released by my doctor for light duty, what will happen to my benefits?
Your benefits will continue even though released for light duty if your employer does not have a less physically demanding job available. The job requirements could have to be within the restrictions imposed by your doctor.
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The employer's doctor releases me to go back to work but my doctor disagrees. What are my rights?
You can choose not to go back to work, but if you do not return to work the insurance company will probably file a petition to terminate, suspend or modify benefits. In this case you will continue to receive benefits until a hearing is scheduled for a judge to review your claim.
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Recently, I was examined by the company physician. Shortly thereafter I received a petition in the mail stating that my benefits should be terminated as of the date of the company doctor's examination. What should I do?
To defend this, you should contact an attorney. Your benefits cannot be stopped without a court order or an agreement of the parities. The petition will be litigated before a workers compensation judge.
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If I receive workers compensation, how much will my benefits be?
If you suffer a total disability work injury and can't work, you are entitled to wage loss benefits in addition to medical benefits. The rate of your wage loss benefits is 2/3 of your average weekly wage at the time of the work injury. The compensation rate cannot exceed the annual maximum compensation rate set forth in the statute.
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How soon do I have to tell my employer about an injury?
The sign in the employees' washroom in the machine shop read: "If you are injured at work, tell your supervisor as soon as possible."

The sign in the cafeteria read: "If you are injured at work, tell your supervisor as soon as possible."

Get the message?

Do not play games with your illness, injury or disease. And do not keep the pain to yourself.

Typically, an injured worker will complete the shift and go home thinking that the pain will subside. Some workers return home injured because they either do not want to bother with the dispensary, or think that the injury is not serious. Such a person may not be able to get out of bed the next day.

The phrase "as soon as possible" applies here and is of extreme importance.

An employer is likely to fight a workers' compensation claim if an employee did not "give notice in a timely fashion." Translation: "ASAP."

The law says that you have 120 days to tell your employer about your work-related injury, illness or disease. The first day starts with the day of injury, or the day you discovered the ill?ness or disease.

If you notify your employer within the first 21 days of the injury date, benefits are payable retroactive to the injury day.

Within 21 and 120 days, benefits start the day you give notice.

Once again, for the sake of sounding redundant, it is important to give notice "as soon as possible."

Insurance companies, in order to provide your employer with an affordable rate, are checking continuously for fraudulent claims. Fraud drives up the workers' compensation premium. Claims filed days, weeks or months after an injury occurs are more likely to be investigated, challenged and/or denied.
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Can I be reimbursed for my travel expenses to and from medical treatment?
Reasonable expenses include bus or train fares, auto mileage, highway/bridge tolls and parking. Keep an accurate mileage record plus receipts for fares, parking and tolls. Submit these records to your employer for reimbursement.
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What if I plan to retire soon, what should I do? What are my rights?
At some point, depending upon your age and physical condition, an employer may ask you to retire if you are receiving workers' compensation. Retirement benefits should not affect the amount you receive under workers' compensation. Sometimes, however, there are instances where an unsuspecting worker gets his or her benefits reduced upon retirement.

Know the details of your pension agreement so that you don't lose all that is coming to you.

Before entering into retirement, and signing a pension agreement, there are some things to check. Make sure the agreement does not affect workers' compensation benefits (and vice-versa). Also, make sure that by signing a pension agreement you are not reducing your pension benefits only for the disability pension or only for a retirement pension. For example, there may be a pension set-off against workers' compensation if you are to receive a disability pension and no pension set-off against workers' compensation if you are to receive a retirement pension. Therefore, you should consider delaying acceptance of the pension until you could qualify for the retirement pension.

Efforts to stop or reduce workers' compensation benefits do not end once you have retired. Those with partial disabilities should take particular caution. Your employer can halt benefits if he or she can prove that, while partially disabled, you have voluntarily retired and withdrawn yourself from the work force.

If at the time you retired, you are available for light-duty work or part-time work, benefits cannot be stopped or reduced unless the company can show that there is light-duty or part-time work available for you. Some retirees have lost benefits by telling their employer (in the heat of the moment so to speak) that they were "never going to work again." That "take this job and shove it" approach can cost you benefits.

If you intend to never work again, do not expect a benefits check in the mail.

If you develop a disability, whether it is an illness or disease, you may be eligible for workers' compensation benefits. Typically, it takes months or years for a chemical compound or material you used to trigger health problems. If you suspect that your job caused your wheezing, coughing, hearing loss, fatigue, shortness of breath or other physical ailment, tell your employer. Or if you suspect that your job made worse your physical problem, tell your employ?er either in writing or in person. After you "give notice," contact a lawyer.

If possible, before you make a retirement decision, contact a lawyer.
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What are my rights regarding social security benefits?
If a total disability stops you from working for at least six months and your recovery will last at least one year from the date you became disabled, the law entitles you to Social Security Disability Benefits. Apply for these benefits at the Social Security office nearest to you.
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Can I receive unemployment compensation benefits and workers compensation benefits at the same time?
It is possible to receive both benefits, depending upon the situation.

If you are receiving unemployment compensation benefits and seek to obtain worker's compensation benefits, the unemployment compensation benefits will be credited against any award of worker's compensation benefits you may receive, unless your award of worker's compensation benefits is for a specific loss or received in a fatal claim case.
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What will I do if my workers compensation payments are stopped?
If workers' compensation payments stop for any reason, contact us immediately!
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What will I do if my workers compensation is denied?
If your employer denies you compensation, you have three years from the date of your injury to file again. It is your responsibility to file again. And if you do file again, it is best to obtain a lawyer—one who knows the current workers' compensation laws and one who has experience representing injured workers.

Many legal firms have lawyers specializing in this field. A lawyer with a good track record should have no trouble giving you the names and phone numbers of clients he or she represented. Talk with former clients and ask their opinion about the legal help they received.

Most lawyers will represent you on a contingent fee basis - the "we do not be paid unless we get money for you" idea.
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Contact the Workers Compensation lawyers of Munley, Munley & Cartwright with your claim questions. Our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience.