After your injury, if you receive a letter from the insurer/employer telling you that you are enrolled in a managed care organization (MCO), you must seek care from one of the providers in the organization. There is an exception if you are treating with a doctor not in the MCO and changing doctors would be…
If you have more than one job at the time you suffer an on-the-job injury, you may be eligible for supplemental disability benefits. If you are off work and losing money from both your jobs, you are entitled to be compensated for lost wages from both jobs. You must let the insurer know at…
After an injury on the job, the workers’ compensation insurer or the employer will often ask to take your statement about what happened. They will usually ask about your medical history and other injuries. They will look up your driving record and check for a criminal history. They will also talk to your employer and…
Legislation has been introduced in Washington, D.C. to streamline the process of coordinating workers’ compensation benefits with Medicare and Medicaid coverage when settling workers’ compensation claims. Currently, it is taking way too long for the Federal government to provide the information regarding Medicare/Medicaid payments made to injured workers that is required to be contained in…
Generally, when you are injured on the job, you cannot sue your employer for negligence or for causing your injury. Workers’ compensation benefits substitute for filing legal action in a court. However, if your injuries are due to the negligence of someone who does not work for your same employer, or if your injury is…
If you cannot go back to your regular work because of your work injury, you are entitled to a greater award for “work disability.” The Court of Appeals recently said that your regular work includes the overtime you work. An injured worker who is unable to work the overtime hours he or she worked before…
Be careful when you are walking in your employer’s parking lot! Generally, if you are injured in your employer’s parking lot, your claim is covered. That’s because parking lots controlled or maintained by your employer have been considered part of the work place. However, the Court of Appeals recently said that your claim may not…
In a recent Court of Appeals case, the Court talked about the general rule that a worker who is coming or going from work or from a break is not covered under workers’ compensation unless there is an exception to the rule. One of the exceptions is if you are injured in an area controlled…
Having a hard time remembering all your prior medical treatment and injuries? You are not alone. In a recent case, the employer argued that because the worker forgot to tell his doctor about a prior motor vehicle accident (MVA), he should not be believed about his current accident. The Workers’ Compensation Board (Board) disagreed, noting…
More good news for working men and women! A recent Workers’ Compensation case clarified that, for injured workers working out of a union hall, the rate of temporary disability benefits/time loss is based on a five-day work week at 40 hours per week, regardless of the number of days actually worked on the current job. …
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