Search results for: what are the benefits of workers compensation yahoo answer

Ask Experts About Injury At Work Lawyers

Steven asks…

Is it possible to sue a company for pain and suffering due to a work injury? My lawyer is telling me I cant !!

I have apending case, and it doesent seem like my lawyer is doing all that he can to help me! He says that I cant sue for pain and suffering. I want to know if thats true! I had surgery and the scars are hidious and Ive gained wieght at least 30 pds since the inccident and my job ened up laying me off!! What should I do?

admin answers:

Workers’ compensation laws are created entirely by the legislature, so what benefits you are entitled to receive depend on the laws in your state. Workers’ Comp is supposed to be a compromise that allows employers to have some limit on liability in exchange for worker protections in case of work injuries. For example, if there were no workers’ comp laws, an employer could simply avoid liability for work injuries by going out of business and leave the worker holding the bag for medical bills and lost wages. In exchange for this protection for workers most states do not allow workers to sue the employer, other than for workers’ comp benefits, except in very limited circumstances. (like intentional injuries or violations of certain safety requirements) The law usually does provides for some type of award of compensation for permanent impairment. In Ohio, it’s called a permanent partial disability award. That gives you some award of compensation to account for permanent residuals of the allowed conditions in your claim. There are also additional awards if you lose the use of a bodypart, such as an arm, leg or finger. Unfortunately, there is no specific award for pain and suffering. Good luck and best wishes for a full recovery.

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Ask Experts About Workmans Comp Back Injury Settlements

Lizzie asks…

Workmans Comp Do I Have To Payback…?

I know that you can collect Temp Disability while you await a decision on a workers comp claim(due to an on the job injury). But what happens after that? Let’s say you do receive a small settlement fro WC. If you still are not able to return to are you still able to collect Temp. or Permanent Disability?

I’ve also heard that you have to pay back any money you received from Temp. Disability out of your Workers Comp Settlement. Is this true? Thanks in advance.
BTW: I live in California.

admin answers:

You can apply for temporary disability as long as you let them know the reason for your being out of work is due to an injury that may be deemed as a work comp. Injury. You have to tell them up front or you may have to pay back any money you receive from them. You should check with S.D.I. And ask them about what happens if you are accepted for benefits then the claim gets accepted by w.c. I don’t think you can apply for s.d.i. If the injury was due to a work situation and is in the realm of w.c. Check the web site for s.d.i. And give them a call before you do something wrong. They will pursue you for repayment of wages if you are not supposed to collect. Up to and including a garnishment.

If the claim is accepted by w.c. As a claim and they will pay you benefits it will be paid in weekly or bi-weekly checks. The claim will continue until they either deem you are able to return to work, or can not return to work. If you are not able to do the job you were doing before because the injury was so severe then you may be given training for another career, paid for by your w.c. Carrier. Not a college degree, but vocational training. If the injury was so severe that you are physically unable to do any kind of work at all then the case is turned over to social security disability. You will have to file a claim with them, along with doctor’s reports to support the claim that you are not able to do work of any kind.

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Ask Experts About Workman’s Comp Injury Forms

David asks…

georgia workman’s comp claim?

Can any one explain what is the best way to submit a workman’s comp claim in the Peach state, Georgia ? I printed out the “notice of claim ” , form WC – 14, yet i am very scared to just walk into my bosses ( the owner’s ! ) office, and say, ” Here – i want you to submit this claim on your insurance-for-me-workman’s comp account , to the State.” Yet, that is what the Dr.s office Thinks i am supposed to do ! (They are not sure ….??!!) I have a work related , i.e., CAUSED at work , injury, but i have a funny feeling he doesn’t want me to submit it. He knows I have a quote from the Throat Doctor saying it will cost $4,300 plus to do the out-patient surgery, but he never mentioned that workman’s comp is an option. I think he doesn’t want me to put it in. I wonder why …. Can any when give advice here from personal experience, or a trained legal standpoint. Thanks so much.

admin answers:

I am not sure on Georgia law but, I am on workers comp in NJ.

This applies to all states It is an obligation of your employer to file workers comp for you if you are truly injured on the job. It is also illegal to discriminate against you for filing a claim.
The insurance rates are based on the employers claims over the last 12 months so obviously the employer is not going to mention workers comp.

This is something you have to keep in mind, If you are injured on the job or suffer an illness caused by you employment and you seek medical attention, your regular health insurance DOES NOT have to cover it and even if they do they can make you reimburse them anything they paid for that injury or illness. Also there are time limits to notify your employer and workers comp,

The other thing you may need to look at is time lost from work, unless your employer gives you free paid time off for this injury you are going to need a lost income supplement, This is one of the benefits of workers comp. In Georgia I believe they pay 60 % of your pre-disability income. There are several good sites about workers comp including those that answer specific questions per state

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