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Workers Compensation

Employment often results in injuries due to hazardous conditions or accidents. Workers Compensation is mandated by laws and specific rules apply to the collection and award to provide payments to the employee.

2,520 Questions

Hurt back at work what do you do?

better to sue company then workmanscomp u can get more from the company

Bad answer. If you qualify for workers comp you can never sue the employer.

Do you have to cover workers over the age of 65 under Workman's compensation laws?

Do you have to cover workers over the age of 65 under Workers Compensation laws

Do they drug test on a functional capacity test?

No, if it is a functional capacity evaluation test then there should not be any drug testing. That is not the purpose of an FCE. They will probably ask you what kind of prescription medicines you are taking, if any, and possibly if you have had any prior drug or alcohol related treatment, but if so it will (or should) stay strictly within the medical records and not be shown to the employer. Medical information not related to the ability to perform the essential functions of a job should not be shared with an employer unless authorized by the client. Indergard vs. Georgia-Pacific made it very clear that a return to work, same job, same employer evaluation is judged by the EEOC interpretation of the ADA. Medical data can only be shared on a safety-based need to know basis.

If a person is walking down a hallway in their place of employment and has a heart attack and strikes their shoulder causing injury to the shoulder is the heart attack and the shoulder injury covered?

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

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

What is Borrowed Servant endorsement?

It's an endorsement that makes the employer liable for an independent contractor's employees.

In Wisconsin do you have to agree to having a workmen's comp nurse in the room during your doctor's appointment?

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 hurt my back in work workmans comp denied me x ray said arthritis Physiatrist said it's musculoligamentous type of injury I'm nervous I go to court soon to get a verdict?

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.

What states are monopolistic?

There are 4 monopolistic states - North Dakota, Ohio, Washington and Wyoming. Nevada and West Virginia had been monopolistic, but are now private insurance states.

How does an employee who is 'paid under the table' get medical bills paid and file a workman's comp claim for an injury?

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.