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