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Workers compensation lawyer FAQs

Workers compensation lawyer FAQs

11 FAQs where found , 11 in this page

A man fell at work and injured his back. He went to the doctor and underwent several treatments. Shortly after, the doctor told him he was ready to go back to work. However, when he went back to work, he couldn’t perform the same duties because he still suffered from back pain. What rights does this injured worker have?

He has the right to ask for a change of doctor. It is very essential to do this so that the injured employee can receive the best possible treatment for his injury. If the worker requests a change of doctor, his attorney can help him choose the most appropriate one given his unique circumstances. If he cannot work, he has the right to receive a percentage of his salary, about 66.67%. If he cannot work at all because of his medical restrictions and his employer cannot accommodate his needs, then he is also entitled to an additional percentage of his weekly income. If a doctor has concluded that the patient has reached maximum medical improvement, he will follow the diagnosis by assigning an impairment rating. The impairment rating indicates the extent of permanent damage to your body as a result of your injury. The injured employee may then be eligible for impairment income benefits which are paid to injured employees to compensate them for the damage to their body due to a work-related injury.

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How long do I have to report a work-related accident to my employer from the time the accident occurred?

30 days

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How long can I wait after my accident to file a workers’ compensation claim in court?

You have up to 2 years.

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Can I change doctors if I am not happy with the physician assigned by the insurance company?

You can change doctors once in the life of your case.

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If a doctor says I am unable to return to work as a result of my injuries, am I entitled to lost wages?

Yes, you are entitled to 66.6% of your average weekly earnings.

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If I do not agree with the doctor’s diagnosis, is there something I can do?

Yes, you can request an independent medical examination (IME). That is an expert opinion from a third party doctor.

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If my employer does not have insurance, am I still entitled to benefits if I get involved in a work accident?

Yes, if your employer does not have insurance, they are obligated to pay lost wages and cover medical costs you incurred as a result of your injury.

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I work for a small company, which has three employees or less, am I still entitled to benefits in the event I suffer an accident at work?

Companies with less than three employees are not required to carry workers compensation insurance. However, they are still liable for benefits in the event you suffer an accident or injury.

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If I get fired for filing my workers' compensation case, do I have lawsuit against my employer?

Absolutely! It is illegal to fire someone who has a work accident or requests workers compensation benefits.

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How are my lost wages calculated if I’m unable to return to work due to my accident?

Lost wages are based on your average weekly earnings over the 13 weeks before the date of the accident.

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If I cannot work again because of my accident, will I be eligible to collect disability benefits?

Yes, the insurance company may pay Permanent Total Disability in the event the doctors determine you are permanently disabled and vocational experts say you can no longer work.

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