Join the 9 million people who found a smarter way to get Expert help

Recent Workers Compensation questions

I am writing regarding an employment law question,

Hello. I am writing regarding an employment law question, specifically dealing with Workers Compensation. I am a Corrections Officer that was assaulted by an inmate on January 4, 2014, at which time I feared significantly for my life. Since then, I have been suffering from post-concussive syndrome,upper and lower back pain, and neck pain, as well as PTSD and anxiety with regards ***** ***** of returning to work for fear of being assaulted again. My case has previously been established with Worker's Comp for my physical injuries. Since my injury, I have been experiencing symptoms of anxiety and PTSD, such as difficulty sleeping, increased pain, hypervigilence, and difficulty coping with the constant pain that I was having, as well as fear of returning back to work as a Corrections Officer because I was afraid of being assaulted again. At that time, I was on heavy medications for my post-concussive syndrome (Amitriptyline) which masked many of my anxiety and PTSD symptoms. On August 2, 2015, my brother passed away as a result of sickle cell disease. After that, I continued to have symptoms of anxiety and PTSD and had a panic attack with concurrent chest pain and difficulty breathing. In November 2015, my neurologist weaned me off all of my headache medications (the Amitriptyline). In January 2016, I started having frequent panic attacks with the thought of going back to work in Corrections. I was seen in the Emergency Room multiple times and formally diagnosed as having PTSD and anxiety, and started seeing a psychiatrist and counselor. Both my psychiatrist and counselor have determined that my anxiety and PTSD were directly related to my assault. On June 15, 2016, I saw an IME to establish my case for Worker's Comp with regards ***** ***** and PTSD. In his initial report, the IME stated that my panic attacks and PTSD were causally related to my assault. Today, I received an addendum to the IME stating that my panic attacks were a preexisting condition related solely to my brother's death, while PTSD was still causally related to my assault.As I previously stated, my assault occurred on January 4, 2014, while my brother's death occurred on August 2, 2015. How can the IME now come back and state that my panic attacks are a preexisting condition related to my brother's death when my brother's death occurred after my assault? Do you agree?

Read more

Phillips Esq.

Attorney

Juris Doctor

star-full
17,128 satisfied customers
New Question: Does MA Workers Comp pay injury and its term

New Question: Does MA Workers Comp pay for an injury and its long term effects or is there a time limit or a criteria that when met closes a case even though the injury is incurring long term costs?

Read more

Delta-Lawyer

Doctoral Degree

star-full
6,072 satisfied customers
I am an employer in Ohio who res employees to work with

I am an employer in Ohio who hires employees to work with specific children with Autism Spectrum Disorder through the Autism Scholarship administered by the Ohio Department of Education. As these employees work in homes, I am not directing the day to day scheduling of hours. Parents are directly scheduling with the employees to cover needed times. There is a set amount of money that can be reimbursed from the state to cover this time and I bill the state to reimburse what I have paid employees. Recently an employee submitted an unemployment claim because there were no hours he worked (only working with 2 clients and specifically trained to work with those clients so can't move him to other clients for a short period of time). Both families had exhausted the funds from the state and did not want to pay additional money to me (funds renewed beginning of July). At least one family was paying him directly to save on my charges. They have always paid him some additional to work with the child, but at a lower rate. SO, am I responsible for paying unemployment to him now for the 2 week period he did not work now? I have an At-Will contract with him. I did not technically fire him and was not aware ahead of time that he would not have work for that entire period. He is expected to have hours again in the near future. Do I need to formally terminate him if I do not have assurance from the families that they are using him this week and then re-hire him again effective the first day he has work? How do I go about handling this sort of issue in the future? It has happened before with other employees that they did not work for a week or two, but then worked again later due to family vacation, etc. Could I always be on the hook for paying them if they file a claim?

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

star-full
105,088 satisfied customers
Miami fl 33179, Rolando Moncada, 2012 and 2013 half of 2014

Miami fl 33179, Rolando Moncada, 2012 and 2013 half of 2014 I was vice president of the second forum condominium, our account was in 0$ since the administrators we had took the found , for a job never done, we started with the idea of people volunteering for the maintenance chores, Grass, garbage, rubbish recollection, painting, tailing floors, and the list goes on, no one volunteer and after 6 month I was offered by the board in a meetingto do the job of Janitor, which I did every weekend, in exchange of my mostly payment of 230 $ for condominium fee, until a new board came, in 2014, the board try for the new administration to charge me the months I have work, and did not pay the fee, but when I explain them what I did, their lawyer stop correspondence, 4 month ago they started once more , they wanted 2 years pay 18% interest and 50 $ late fee for each month, I ask for a intermediary, or a mediator, but they say there is not such of service on the condominium department , I ask them, to recognize my work done, they say I should have done it for free,they do not dispute the fact that the jobs were done, they just do not want to recognize a retribution for it,can some one help me please'this is what I got from themGood afternoon Rolando,In reference to your email below requesting a mediator, we contacted the department and once again they informed us that they play no part in this type of issues. This is strictly between the association and the unit owner.With that said, we are forwarding your account to the attorney for collection. Any further communication regarding this matter will be made directly with the attorney office.Thank you

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

star-full
105,088 satisfied customers
My 27 yr old daughter is being forced to see a nurse care

My 27 yr old daughter is being forced to see a nurse care practitioner that had refuse to see her on 2 occasions because my daughter wants a relative in the exam room with her. She is on worker's comp. and if she doesn't comply, see would be noncompliance and therefor her $500. a month check will be null and void. The last exam was so disastrous, that her bp was over 180...went to er. She had and accident 2 yrs ago and was life flighted with 2 months in icu and multiply operations...I would like to have something printed out so when she does go to see this rn, she can invoke her basic right of having someone in the examination room with her. So if the rn refuse to see her without her aunt in the room, we can say that the rn broke the rule and that we were not the ones being non-compliant.

Read more

P. Simmons

Attorney

Doctoral Degree

star-full
34,580 satisfied customers
I am 19 year old and a college student ,my summer job is

i am 19 year old and a college student ,my summer job is working in a restaurant in NYC as a bus boy. the owner and i never discussed a pay rate or a pay schedule . i am working about 7 hours a day 5 days a week . i have been there about 4 weeks and so far the owner gave me $500 about 2 weeks ago with no mention of any future payments . how should i handle this ? what are my rights ? any legal or ethical advice would be greatly appreciated .

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

star-full
105,088 satisfied customers
I worked major medical center/university in an

I worked for a major medical center/university in an administrative capacity and basically in the same position for 22 years. This job was extremely stressful and required long hours at work and when I returned home too. Due to this job, I developed severe fibromyalgia, chronic fatigue syndrome, depression, suicidal tendencies, and idiopathic hypersonic among other problems. I'm in constant pain even on narcotic pain medications and unable to work. I'm receiving Social Security disability and an additional payment through disability insurance from work that brings the amount paid to me equal to 1/2 of the wage I was at when I left. My question is do I have a legal case to try and get the remainder of my pay?

Read more

TJ, Esq.

Juris Doctor (JD)

star-full
10,310 satisfied customers
My supervisor red me as a nurse in workers compensation. She

My supervisor hired me as a nurse in workers compensation. She knew that my background was in medical bill review, case management and geriatrics. She is constantly calling me into her office to discuss why I am not asking more questions. She demands that I send my questions to my colleagues and also to her. I really don't have a lot of questions. If I do go to a colleague and ask a question verbally I am reprimanded and told that I must submit my questions via email. I recently verbally asked a question and my colleague reported back to my supervisor that I got huffy. When she abruptly responded that she did not have time for my question I just said, "whatever I guess I'll work on it later" and just walked away. I would not describe that as huffy. My supervisor also regularly asks my medical director if I am giving him all the information he needs for review of cases. If there is even one thing that I missed she brings it to me as if I am the worst employee in the world (this happens on a weekly basis, sometimes daily)I recently had a situation where an MRI clearly stated that there was a meniscal tear and the medical director advised that there was not a tear and advised that we should not pay the claim. The claims adjuster brought it back to me to find out why he said there was no tear. I told him that was what our medical director said. We went back to the medical director and he again said that he did not believe there was a tear even though it said on MRI that there was. He agreed that we had to cover it because it the said it was there. He said that sometimes doctors will say there is a tear to justify doing the surgery. Personally I think that he did not see the tear the first time that he looked at it. Now every time that I bring a case to him to review, he tries to find something that I missed and point it out. I am starting to feel uncomfortable and isolated at work. What can I do about this?I think my supervisor and teammate are conspiring together and now because I found something the medical director did not see he is now causing me issues. My supervisor states that I have not progressed the way she would like. I have never had any complaints on my claims and I guess I just don't understand what she is referring to. I had a claim today in which the guy was injured when a suitcase fell of a desk and he tried to catch it and injured his lumbar spine. A couple days later he was attacked by one of his autistic clients. When I took it to our medical director he asked my about the attack that was noted and I told him that the gentleman was attacked an his glasses were pulled off and he quit his job after that. My supervisor obviously asked him about the cases I reviewed with him and he pointed out that I did not initially mention that the gentleman was attacked after the initial injury. Even though I did answer him and tell him about the details of what happened. It seems as if they just try to find things to bring to me on a regular basis. I am really frustrated and I feel almost harassed. What can I do?

Read more

Dwayne B.

Juris Doctor

star-full
34,618 satisfied customers
I got hurt moving motorcycles at work i am on workers comp

i got hurt moving motorcycles at work i am on workers comp in Hawaii but i want to go to California because my parents can help me there. best way for me to do thisJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: hawaiiJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: i purchased a ticket for this monday. i go to physical therapy 3x a wwk and massage thereapy 2 x. i go back to doctor here on july 1st and i am off work untill that date. my doctor will be on vacation and i will know have to deal with another doctor who knows nothing about me. my husband is in the army and is going to school in Missouri so i will be left here with no help. i want to at least be with my parents to help with my careJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

Read more

star-full
200 satisfied customers
View more employment law questions
In The News