What are my options if workmans comp is not covering my needs?? 25 Answers as of November 06, 2012

I hurt my knee at work. The company is providing me with medical help with no compensation for lost time. Approx. 2-3 days lost time. I am on light duty work. 24 hours a week. Union minimum. However I was averaging 32 hours a week. So I am losing money. My knee is healing slowly and I want to request a MRI. It would take approx. another 3 to 4 weeks until I see the doctor and get approval from the claims adjuster to see if they will pay for a MRI. In the meantime I am concerned about healing properly and all the lost wages. What are my options?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
If workman's comp does not cover your needs, you may bring a civil action, and claim damages for lost wages.
Answer Applies to: Washington
Replied: 6/1/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
I'm sorry, I do not practice worker's compensation. I would suggest that you contact a lawyer who specializes in this area.
Answer Applies to: Oregon
Replied: 6/1/2011
David Hoines Law
David Hoines Law | David Hoines
You need to consult an attorney who specializes in workers compensation claims. You can call me for a referral if you like.
Answer Applies to: Florida
Replied: 5/31/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
Consult with your union for benefits that they may offer in addition to the workers comp.
Answer Applies to: Connecticut
Replied: 5/31/2011
David B. Sacks, P.A.
David B. Sacks, P.A. | David Sacks
Not many options. If you have some sort of disability policy, you could check that to make up for the short fall. It is the prerogative of the employer/insurance carrier to provide light duty work ,where indicated by the treating physician, and unless you are earning less than 80% of 80% of your average weekly wage, you will receive no workers comp money benefits. That is the law. Your lawyer or the Judge can't change that. The Florida Legislature is responsible for that one.
Answer Applies to: Florida
Replied: 5/31/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You should bring the matter to the attention of the adjuster and provide them the opportunity to make it right. If they resist hire a worker's compensation lawyer to pursue it. They will most likely back off. If not call our office for help.
    Answer Applies to: Pennsylvania
    Replied: 5/31/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    It not clear you are on workman's compensation ? You should contact an attorney who may have to sue.
    Answer Applies to: Delaware
    Replied: 5/31/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You have to be out 7 days before they have to pay lost wages. If you are placed on light duty at a lower rate of pay or fewer hours, after 7 days of this , you are entitled to 2/3 of the difference between your average weekly gross pay prior to the accident, and your current weekly pay. As to you concerns about it properly healing, they are also responsible for all medical costs. Any necessary treatment should be paid by your employer. If they are not doing these things, you may need an attorney to request a hearing.
    Answer Applies to: South Carolina
    Replied: 5/31/2011
    Daniel Hoarfrost, Attorney at Law
    Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
    Your options are restricted to remedies available within the work comp system.Unfortunately, I don't practice in that area, but you'll need to find an attorney to consult and consider requesting a hearing in the work comp system.
    Answer Applies to: Oregon
    Replied: 5/27/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You need to hire a workers' comp attorney. When you don't have an attorney there is no time limit for the Carrier to do anything. You need an attorney file a Petition for Benefits on your behalf so you can get appropriate medical treatment and lost wages.
    Answer Applies to: Florida
    Replied: 5/27/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    You should consult with an attorney who handles worker's compensation cases to ensure you are getting all you are entitled to.
    Answer Applies to: California
    Replied: 5/27/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    You are not confined to the company doctor. You can select a doctor of your choice and they must pay for the exam and treatment. They must pay you 66.6666% of your average weekly wage excluding non-mandatory overtime.
    Answer Applies to: Illinois
    Replied: 5/27/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You are entitled to your meds and 2/3s of your average weekly wage after the first week. Have you asked the person handling the claim about the wage issue? That should not be a problem.
    Answer Applies to: North Carolina
    Replied: 5/27/2011
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    Generally, if you are injured at work, the claim would be subject to workers compensation and workers compensation will typically help pay for your medical expenses and time off of work. If your company and/or workers compensation is not covering both the medical expenses and your time off of work and/or your reduced time, I would suggest calling an attorney how practices in workers compensation law.
    Answer Applies to: Ohio
    Replied: 11/6/2012
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Unfortunately your options are fairly limited. I suggest scheduling an appointment with your doctor sooner. You also should speak to a workers compensation attorney.
    Answer Applies to: Oregon
    Replied: 5/27/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    There are questions that your workers compensation attorney can answer in a heartbeat. If you dont already have one, you should be able to get a free consultation to ask these questions and determine if you want to hire someone to fight to get you the compensation you may deserve. Nearly every insurer, including workers compensation, takes advantage of unrepresented plaintiffs/claimants. The attorneys in workers comp cases are paid from proceeds received, not out of your pocket, and the amount is per statute and approved by the judge.
    Answer Applies to: California
    Replied: 5/27/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    You should hire an experienced workers compensation attorney to protect your interests. An attorney should be able to make sure your benefits are paid timely and that you are able to get the medical care you need. The insurance company's goal is to get you back to work as quickly as possible, without regard for your injury and what effects it may have on your life or ability to work.
    Answer Applies to: Florida
    Replied: 5/27/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Go to a good worker's compensation attorney immediately. They will get you the benefits to which you are entitled at no cost to you.
    Answer Applies to: Florida
    Replied: 5/27/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Your options vary a lot by jurisdiction. Generally, workers compensation exists precisely to avoid the types of concerns you are experiencing. If you are hurt and forced to work a light schedule, you should receive compensation to help defray the wage loss. It may sound clich, but your best bet is to visit with a workers compensation attorney in your area. He or she can review the specifics of your case and tell you your best course of action.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Law Offices of Steven R. Kuhn & Associates
    Law Offices of Steven R. Kuhn & Associates | Steven R. Kuhn
    Consult with an attorney who specializes in workers compensation matters. They can give you the best advice.
    Answer Applies to: California
    Replied: 5/27/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Workman's compensation is not lucrative for the injured worker, and you have limited options. You are entitled to 2/3 of your average weekly wage. The first three days are not compensable unless you are off work for a block of time equivalent to two weeks, if I recall correctly. If the payments are more than 30 days late, you can charge the employer a 15% penalty. I don't understand why the approval would take so long for the doctor. If it is healing slowly, get back into the doctor. Ask him or her for the MRI or a referral to a doctor that is an orthopedic doctor. You have to work within the parameters of the comp system to keep them on the hook for the medical expenses. This means that if you want to see a different doctor, you need your current approved treating physician to make the referral. If you are not satisfied with a doctor, you have the option to request a panel of four doctors from which you may pick a new authorized treating physician. I wouldn't request a panel of four until you already have been referred to an orthopedic doctor because you are only allowed to request the panel of four one time. Get well.
    Answer Applies to: Alabama
    Replied: 5/27/2011
    Dawson and Dawson
    Dawson and Dawson | Ben Michael Larson
    I'm unfamiliar with the workers compensation system but I believed you challenge any award through an administrative process. You should find an attorney that specializes in workplace injuries and seek a free consultation.
    Answer Applies to: Oregon
    Replied: 5/27/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    In Oregon your employer may have violated the law, and you can force the employer to provide workers compensation benefits. You may even be able to sue your employer. You need to talk to a lawyer asap.
    Answer Applies to: Oregon
    Replied: 5/27/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
    Answer Applies to: Illinois
    Replied: 5/27/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    In Missouri, you have to demand treatment and benefits ("TTD" and "TPD"). Even after you make these demands, you only get two-thirds pay. If their doctor says you don't need any further treatment, you may have to pay for a second opinion. Most people cannot afford to hire an expert, which is a big part of why people get an attorney to handle their case. By statute, attorneys can only take 25% (until personal injury cases where they often take 40%). However, even with an attorney, these things move slowly. 3-4 weeks is not bad when you are talking about getting in to see a specialist. In the meantime, if you think that continuing to work on your knee is causing further damage to your knee, immediately tell that to the insurance company. If they outright refuse to get you more treatment, or take you off work/increase your restrictions, you may have to get an attorney. If you have any further questions, please feel free to contact my office.
    Answer Applies to: Missouri
    Replied: 5/27/2011
Click to View More Answers:
12 3 4 5 Free Legal QuestionsConnect with a local attorney