It's my understanding that whatever workman's comp. covers must be the result of normal activities associated with the performance of the job. Injuries at the workplace occurring in a fashion not associated with the performance of the job may or may not incur liability against the company. It's kinda like the "wet-floor" scenario. As far as what you've described, there appears to be no culpability on the part of the company which either caused the heart attack or the resultant fall which led to additional injury. See a lawyer if in doubt. jb
Can an employer with hold funds for workman's comp insurance?
If state law allows, as it does in WA state.
When is a functional capacity evaluation done?
A functional capacity evaluation can be done anytime after an injury - even many years after. It is used by physicians, case managers, employers, etc. to transition an injured worker from disability to function and eventually employment.
If it is a workers' comp case, for example, and you are receiving disability benefits, then an FCE may be requested to show if you still need to be on disability. An FCE's purpose is to show what you CAN do, not what you CAN'T do. So, you may be evaluated to show what level of physical demand and what job category you can return to work as.
Sometimes a lawyer will request an FCE to show that you should still be receiving disability benefits and sometimes it is from the opposing side, to request proof that you should NOT still be on disability because you meet a level of function where you could be working again.
In a vocational setting, an FCE may be used to develop a "return-to-work" plan in a program like Work Hardening.
Does workmans comp cover a head injury after fainting on the job?
I had a slip and fall at work 12/23/06 and now have permanent TBI and closed head injury. Can you tell me how to check with the state of Kansas for the status of the claim. I lived and worked in Overland Park, KS at the time. My atty really didn't go after the company although I have the surveillance tape. I was thinking he closed the case but now that I'm better I'm wondering how he could have closed it without any documentation to me. Can I check the status by my social security number?
Respectfully,
Carol Pinkerton
SSN 413-86-0575
816 785-9128
email is angelarms1@hotmail.com
How much time do you have to file a workers compensation report after an accident?
It varies by state, but don't delay - it's usually not a long time.
What is Borrowed Servant endorsement?
It's an endorsement that makes the employer liable for an independent contractor's employees.
You don't have to let anyone in the room with you and the doctor in any state. The Doctor may be required to furnish a diagnosis to your employer in a workman's Comp case. This is done on paper, not by having a nurse in the room with you.
I think a judge is more likely to believe a health care professional over a health insurance professional but you never know, more opinions would help a lot.
There are 4 monopolistic states - North Dakota, Ohio, Washington and Wyoming. Nevada and West Virginia had been monopolistic, but are now private insurance states.
If you're getting paid under the table, which is ducking the government and not paying taxes like the rest of us do, then you are not eligible for workman's comp or medical insurance. You employer, who does not techinically employ you in the eyes of the law, has no obligation to cover your expenses.
You were injured25yrs agonow having problems can workers comp. still cover it?
Sometimes, but not always.
What does Permanent Stationary Mean?
If you are referring to "Permanent and Stationary," in it's simplest form it means "unchanging." However, this term is used within a variety of areas to include, the medical field, for dictionary use, business/corporate sectors(workmen's compensation), science, etc. to mention a few. Viper1
When will traumatic brain injury occur?
It occurs when the skull is subjected to some type of impact causing injury to the skull and brain. A good example is a car crash where the person drives their head into the windshield.
Who adjudicates federal employee injury claim?
Federal employee injury claims are adjudicated by the Office of Workers' Compensation Programs (OWCP), which is part of the U.S. Department of Labor. This office oversees the Federal Employees' Compensation Act (FECA) program, providing benefits for federal workers who suffer job-related injuries or illnesses. Claims are evaluated based on submitted medical evidence, employment details, and the circumstances of the injury. Additionally, appeals can be made to the Employees' Compensation Appeals Board (ECAB) for disputes regarding OWCP decisions.
How long does it take to receive a settlement offer after returning to work?
Depends on the court, state & procedures for whatever settlement you are talking about.
What is that thing that EMS workers carry injured people on?
One type is called a stretcher and it is a framework of two poles with a long piece of canvas slung between them.
The other is called a gurney which is a wheeled stretcher used for transporting hospital patients.