You were not trying to fake a work-related injury or scam an insurance company, you were genuinely hurt in an accident while you were working for your employer on the job. You may or may not have been able to return to work. You may have been fired by your employer, or you may have gotten a job with another employer.

The point is you were genuinely hurt in an accident on the job. You want to receive the workers’ compensation benefits that you were entitled to.

Handling your own case

For one reason or another, you did not hire a workers’ compensation attorney. You have been handling your own workers’ compensation case. In fact, you have been handling your own workers’ compensation case for 2 years, and you have not been able to get anywhere with your employer’s insurance company.

The thing you would like to know is, “Have I waited too long? Is it too late to hire a workers’ compensation attorney?”

Although statute of limitations vary from state to state, if you have met all of the notice requirements, it is not too late to get a workers’ compensation attorney. There is something that you should understand, however.

Better to have a workers’ compensation attorney

By handling your own case, the chances are that you have damaged your case for being hurt in an accident on the job. You will probably receive far less than you would have received had you hired a workers’ compensation attorney from the beginning of your case. When you have a workers’ compensation attorney on your side, you usually are paid more and are paid faster than if you do not have an attorney.

Here is something for you to consider. Would you pay anything if you were an insurance company without facing legal action? The only way an insurance company can show a profit is by taking in more than they pay out. It is in the best interest of the insurance company to pay you as little as they can get by with. An insurance adjustor may seem to be friendly and really care about you, but the bottom line is that an insurance company cares about its own interests, first and foremost.

If you have been handling your own workers’ compensation case for 2 years and have gotten nowhere with your employer‘s insurance company, this may paint a pretty dark picture. However, it is probably not too late to acquire the services of a workers’ compensation attorney.

You may still get benefits

After all, you have not been able to get anywhere with the insurance company in 2 years. An experienced workers’ compensation attorney should be able to do a lot better than that with your employer‘s insurance company. A workers’ compensation attorney may still be able to get you the workers’ compensation benefits that you deserve for being hurt in an accident on the job.

Most workers’ compensation attorneys work on a contingency basis. This means there is no attorney fee unless your case is won.

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A workers’ compensation claim was filed. You were approved by your employer’s insurer, and you have been receiving workers’ compensation benefits for your injuries that you sustained in the accident at work.

Released for full duty

Your injuries from the accident at work were of such a nature that you have missed several weeks of work. You have been seeing a doctor regularly. You go to the doctor and he or she releases you back to full duty.

The problem is you do not think that you can do full duty. You do not believe you are able to do the job that you were doing before the accident took place at work.

What options do you have? What can you do? Are you required to try and do full duty work even though you do not think you can do it? Will you lose your workers’ compensation benefits if you refuse to go back to work for your employer.

Who does the doctor favor

The truth is that some doctors favor the employer and their insurance company more than they do an injured worker. Many times, they release a worker back to full duty before the worker is truly ready. A doctor may even do this before really determining the true nature of a worker’s injuries.

On the other hand, the truth is that some doctors favor the injured worker more than the employer. These doctors are probably not going to clear you for full duty at work until they are sure that you have achieved maximum medical improvement (MMI).

If the doctor who is treating your injuries releases you to full duty, you do have to try and return to work or risk losing your workers‘ compensation benefits. If you go back to work and are not able to do your job because of your injuries, you should tell your supervisor and make an appointment with the doctor.

Ask the doctor

If you tell the doctor that you were not able to do full duty work because of your injuries and the doctor still thinks you are ready for full duty, you should ask the doctor to let you see another doctor for a second opinion. If the doctor will not agree to this, you can ask your employer’s insurance company to allow you to switch doctors. If they will not permit you to switch doctors, you can ask for an independent medical examination (IME).

The laws and procedures for challenging a doctor who has released you to full duty when you do not think you can do the job that you did before the accident are not the same in every state. It is important for you to have a workers’ compensation attorney standing with you who knows the workers’ compensation laws and procedures in your state. A workers’ compensation attorney will make sure that all of your rights are protected, and he or she will guide you through a complicated process.

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Your employer is covered by workers’ compensation insurance. A claim is filed for workers’ compensation benefits because of your injuries that were brought about by the accident on the job.

Changing employers

So far, there is nothing unusual about this. This is a scenario that happens every day across the United States. However, something happens that causes you as an injured worker to have some important questions. You become employed by another employer. You have changed employers and are no longer working for the one you were working for when you were injured in the accident on the job.

Can you still get workers’ compensation benefits for your injuries, even though you have changed employers and are no longer working for the employer where the accident happened on the job? How is this going to affect the workers’ compensation benefits that you receive? What are you supposed to do?

The answers to these questions depend on several things. Some of these include:

Was your workers’ compensation claim for injuries that you received on the job denied by your employer’s insurance company? If so, you are still allowed to appeal your denial, even though you are no longer working for that employer. You still have the right to try and get workers’ compensation benefits for the injuries that you suffered on the job, even though you are now working for another employer.

Was your workers’ compensation claim approved by your employer’s insurance carrier? If it was approved and you are receiving workers’ compensation benefits, the fact that you are now working for another employer will probably affect the amount of the benefits that you receive. Depending on what your salary is from your new employer, this may reduce the amount of your benefits from workers’ compensation.

What are you supposed to do? You may be required to report in writing within a given time period to your former employer where the accident occurred or to his insurance company that your employment status has changed, that you are now working for another employer.

Workers’ compensation laws vary from state to state

It is important for you to understand that the laws regarding workers’ compensation are not the same in every state. Consequently, the procedure is also not the same in every state that you are required to follow in order to get workers’ compensation benefits when you are no longer employed by the employer you were working for when the accident took place in which you were hurt on the job.

You are going to need the help and expertise of a workers’ compensation attorney who is well acquainted with the specific laws in your state in regard to obtaining workers’ compensation benefits when you are no longer working for the employer where your injuries occurred. In addition, you may have other questions concerning workers’ compensation benefits. A workers’ compensation attorney is the one who has the answers.

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It may be that your employer did not want you to file a workers’ compensation claim. Your employer may have threatened you if you filed a claim.

Claim not filed

At any rate, for one reason or another, you did not file a workers’ compensation claim. Now, a lot of time has passed since the accident took place at work. You may be having physical problems that you believe were brought about by the accident. You may have wound up having medical bills and expenses as a result of the accident at work in Illinois. You may have missed work because of injuries you received from the accident.

Some questions you may now have are, “Have I waited too long? Can I still file a workers’ compensation claim for my accident? Is it too late? What is the law in Illinois?”

The first thing that has to be answered is, “Did you let your employer know about the accident and your injuries within 45 days from the time that the accident took place?” If you did not, you may have forfeited your right to receive workers’ compensation benefits. If you notified your employer about the accident and your injuries within 45 days of the accident, you may still be eligible for workers’ compensation benefits.

Statute of Limitations

The Statute of Limitations is a time deadline that you have for filing a personal injury claim. In Illinois, the Statute of Limitations is 2 years from the date of an accident. This means that you have 2 years from the date that an accident happened in which you were the injured party to file a personal injury claim in circuit court.

In regard to filing a workers’ compensation claim in Illinois, it is a little different. The Statute of Limitations in Illinois for filing a workers’ compensation claim is 3 years from the date of the accident at work or 2 years from the date that you last received workers’ compensation benefits. The determining factor is which one of these came later.

Repetitive trauma

In the instance of making a claim for a “repetitive trauma,” determining the Statute of Limitations may be much more difficult. In the case of a repetitive trauma, it is extremely important to determine the correct beginning date. Even if you continue working with a repetitive trauma injury, it is not the last day that you work that is the beginning of your Statute of Limitations. It is the day in which your injury and its involvement with your job became apparent.

Even if you think it is too late, that you have missed your deadline, you really ought to talk to a workers’ compensation attorney. You may still be able to file a claim. There may still be hope. A workers’ compensation attorney will give you the best advice on what options are available to you.

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What can you do to be compensated for your injuries that were caused by a third party? What are you allowed to do? What options are open to you?

All states except Texas

In every state other than Texas, with few exceptions, all employers have to be covered by workers’ compensation insurance. If your accident on the job occurred in Texas, you need to find out if your employer has workers’ compensation insurance.

If your employer is carrying workers’ compensation insurance, a workers’ compensation claim should be made. The purpose of workers’ compensation is to pay medical bills, lost wages and certain other benefits to workers who have been injured on the job while doing their duties for their employer.

You are eligible for these benefits no matter whose fault the accident was that brought about your injuries. In almost all cases, fault is not a determining factor when it comes to getting workers’ compensation benefits.

Your only remedy

Even if your accident on the job was due to the negligence of your employer, your are not permitted to sue your employer. Workers’ compensation benefits are your only remedy when it comes to your employer.

This is not the case, however, when it comes to a third party other than your employer being at fault for the accident on the job that resulted in your injuries. When it is a third party that is at fault for an accident on the job, you may be able to sue them for losses that have been brought about by their negligence.

This is referred to as a third party claim. In a third party claim, you are usually allowed to make a personal injury claim against the party who was responsible for your injuries that resulted from the accident on the job.

Personal injury claim

A personal injury claim is a claim that is brought by an individual who has received some type of negligent damage. It is brought against whoever is responsible for this negligent damage. In this case, it is a third party.

In regard to workers’ compensation claims, your are limited to the amount and kind of monetary compensation that you are allowed to recover. This is not the case with a third party personal injury claim.

Third party claims

In a third party personal injury claim, you are permitted to sue for damages that go far beyond what you can receive from workers’ compensation. You are usually allowed to sue for things like suffering, pain, disability and emotional distress.

The laws regarding third party personal injury claims for injuries brought about by an accident on the job vary from state to state. The best thing to do is to contact a workers’ compensation attorney. A workers’ compensation attorney will look into your case thoroughly and see if you should file a third party personal injury claim, as well as getting workers’ compensation benefits.

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Thankfully, your employer has workers’ compensation insurance. You reported your accident to your employer, and a workers’ compensation claim was made. Your claim was approved, but now your employer and/or his insurance company wants you to submit to having an independent medical examination (IME).

Important questions

Does your employer have a right to ask you to do this? Do you have to submit to an independent medical examination? Will you lose your workers’ compensation benefits if you do not submit to an independent medical examination?

Your employer and/or his workers’ compensation insurance company does have a legal right to ask you to submit to an independent medical examination. Usually, the reason why you are asked to do this is to see if you really have an injury, and is the injury as bad as you say it is. Also, they are wanting to see if your injury was really from an accident that was job-related, or was it due to some other reason.

What the insurance company is doing

You have to remember. The insurance company is paying out money for your medical expenses and lost wages. They want to see if you are really injured and unable to work. Of course, they are hoping that the independent medical examination will show that there is nothing wrong with you, and they will be able to stop paying you benefits.

Although it varies from state to state, in many states, if you want to continue receiving your workers’ compensation benefits, you are required to submit to an IME.

In most instances, you should submit to an independent medical examination. If you are not faking an injury, and you are injured like you say you are, you should not have anything to worry about.

Do not fake an injury

While it is true in many instances that it is not truly an independent, neutral medical examination because it is the insurance company’s doctor that is doing it, you should tell the truth, and do not exaggerate or fake your injuries. Be clear on your injuries, and explain why they prevent you from doing your job duties.

In some cases, the doctor who performs an IME may be what you may think of as a “hired gun” for the insurance company who is going to say what the insurance company wants to hear, “no matter what”. You cannot stop an unethical person from doing this, but, in most instances, the doctor who does an independent medical examination is a legitimate doctor who will give his honest opinion on whether you are injured and need to be treated.

Being asked to submit to an independent medical examination is one of the reasons why it is always a good idea to have a workers’ compensation attorney representing you. A workers’ compensation attorney will see that all of your rights are protected and you receive all of the workers’ compensation benefits that are rightfully yours.

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Two Questions

However, there is a problem. For one reason or another you are not satisfied with the doctor who is treating you. You would like to see another doctor. Does workers’ compensation allow you to see another doctor, and if so, “Is your employer responsible for paying another doctor?”

The answer to these two questions depends on the state that you live and work in. This is because workers’ compensation and the way that it is administered is not the same in every state. Here are some examples:

In Texas – You are allowed to pick the doctor who treats you, but that doctor has to be willing to accept workers’ compensation insurance. The thing that may make this difficult is that doctors have been treated so unfairly by insurance companies in Texas that many doctors will not accept a workers’ compensation case. You are also allowed to change doctors in Texas, but you have to do so in the proper way according to workers’ compensation laws in Texas.

In Arkansas – You have to go to the doctor that your employer or your employer’s insurance provider picks out. If you are not satisfied with the doctor, you are allowed to request a change through your insurance adjuster, or you can write to the Workers Compensation Commission in Arkansas and request a change of doctor.

In Louisiana – You have the right to choose one treating physician in any specialty or field that is deemed medically necessary. After making this initial choice, you have to get prior consent from your employer’s insurer if you want to change the doctor within that same specialty or field who is treating you.

In California – You can pick your doctor if you predesignated a doctor with your employer. If not, you have to see your employer’s doctor for the first 30 days. Then, you are permitted to switch to a doctor of your choice.

In Mississippi – Your employer is allowed to determine who will treat your injury right after the accident takes place. However, you are then allowed to be treated by a doctor of your choice or one that your employer chooses. You can change doctors, but your employer or his insurer has to pre-approve the change. If your choice of doctors is denied, you have to apply to the Workers’ Compensation Commission in Mississippi for approval of a change.

You can change doctors

The important thing to notice in each of these examples is that if you follow the procedure that is approved by workers’ compensation laws in each state for changing doctors, you are allowed to change doctors, and your employer’s insurer is responsible for paying that doctor.

Because workers’ compensation laws are different in each state, it is wise to secure the services of a workers’ compensation attorney. A workers’ compensation attorney will make sure that you do everything in accordance with the workers’ compensation laws in your state.

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Did your fall on the job in Wyoming produce serious injuries? Are these injuries going to keep you from working for an extended period of time? What about your lost wages and medical bills.

Your Wyoming employer

Does your Wyoming employer have workers’ compensation insurance? Is your Wyoming employer exempt from having to have workers’ compensation insurance?

In 1915, the Wyoming legislature passed the Wyoming Workers’ Compensation Law. The Wyoming Workers Safety and Compensation Division is the agency that governs all workers’ compensation in Wyoming.

What you need to be aware of is that workers’ compensation insurance is required by law for all Wyoming employers whose work involves extra-hazardous occupations. All other Wyoming employers do not have to have workers’ compensation. However, the list for extra-hazardous occupations is long and complicated. It is spelled out by Wyoming state statutes.

For Wyoming employers of extra-hazardous occupations, there are no waivers or numerical exceptions in regard to workers’ compensation. However, sole proprietors, corporate officers and partners are excluded from coverage.

State fund in Wyoming

The State of Wyoming operates an exclusive state fund. Employers must purchase workers’ compensation insurance from this state fund. No private insurance or self-insurance is allowed in Wyoming.

If you were hurt on the job because of a fall in Wyoming, you need to find out if your employer has workers’ compensation insurance. If he does, workers’ compensation should take care of your medical bills and pay you for lost wages.

If your Wyoming employer is not required to have workers’ compensation insurance, he may still have elected to purchase this coverage to guard against a civil lawsuit in the case of accidents and injuries to his workers. If not, your Wyoming employer may still offer to pay your medical bills and compensate you for lost time at work.

Getting all of your benefits

If your Wyoming employer has workers’ compensation insurance, he may still try to test the law by giving you less benefits than you have coming to you, or he may try to keep you from filing a workers’ compensation claim. If this is the case, you will need the advice and representation of a workers’ compensation attorney in order to get the workers’ compensation benefits that you deserve in Wyoming.

If your Wyoming employer is exempt from providing workers’ compensation, you may need the help of a workers’ compensation attorney in filing a civil lawsuit. The civil lawsuit would need to prove that your Wyoming employer was at fault for you being hurt on the job because of a fall. The reason for this is because unlike workers’ compensation which is a no fault type of insurance, a civil lawsuit determines the exact cause of your accident and who was at fault. A judge then renders a verdict that is based on the evidence that is presented.

You may have several questions concerning being hurt on the job because of a fall in Wyoming. The attorneys here will fight for your rights and do all that they can to see that you are adequately compensated for your injuries.

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What type of injuries did you receive when you were injured in Colorado due to a fall at work? Are these injuries keeping you from working? Have you missed a lot of time at work? Are you disabled as a result of your injuries? Do you have high medical bills?

If you were injured in Colorado due to a fall at work, the answers to these questions will greatly affect your future. The answers to these questions will make a big difference to you and your family.

Workers’ compensation claim

Did you file a Colorado workers’ compensation claim? Is Colorado workers’ compensation assisting you?

In 1915, the Colorado General Assembly passed the Colorado Workers’ Compensation Act. This Act made it a mandate that Colorado employers would give wage replacement and pay for medical care for their workers who were injured on the job. Workers’ compensation would then be the exclusive remedy for an injured worker in exchange for this protection.

In Colorado, workers’ compensation comes under the heading of the Department of Labor and Employment. It is regulated by the Division of Workers Compensation within the Colorado Department of Labor and Employment.

Purpose of workers’ compensation

Workers’ compensation in Colorado is in place to assist workers who have been injured on the job. In fact, the intent of the Colorado general assembly in regard to the Workers’ Compensation Act of Colorado is stated as being “to assure the quick and efficient delivery of disability and medical benefits to injured workers at a reasonable cost to employers.

In Colorado, workers’ compensation is mandatory, with no exemption for employers with a small number of employees. However, there are some waivers that are allowed.

An employer in Colorado has four options when it comes to workers’ compensation insurance. A Colorado employer may insure through the competitive state fund, use a private carrier, insure through groups of employers or be self-insured.

Benefits

If you were injured in Colorado due to a fall at work, you may have several workers’ compensation benefits that you are entitled to. These include:

Medical treatment of your injuries without monetary or time limits
Reimbursement of mileage to and from physicians’ appointments that includes lost wages and mileage costs
Death and burial cost given to your family in the event of your death because of injuries sustained on the job
Replacement income benefits.

In many cases, it is replacement income benefits that form the major part of Colorado workers’ compensation claims. This may be true for you if you were injured in Colorado due to a fall at work.

Replacement income benefits in Colorado are available in four different ways. These are:

Temporary partial disability benefits (TPD)
Temporary total disability benefits (TTD)
Permanent partial disability benefits (PPD)
Permanent total disability benefits (PTD).

Has your Colorado employer refused to file a workers’ compensation claim for you? Are you not sure what you should do? Do you have questions concerning workers’ compensation benefits that you may be entitled to in Colorado?

A workers’ compensation attorney will work for you. They will answer your questions and work hard to see that you get all of the workers’ compensation benefits that are rightfully yours in Colorado.

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Important questions

What kind of injuries did you have in your fall while working in Idaho? Were they minor and superficial, or were they major and disabling? When will you be able to return to work? Will you be able to return to work? Have the injuries that you sustained resulted in your disability?

These are questions that are extremely important if you have been injured in a fall while working in Idaho. The answers to these questions are also greatly important to you.

Are you getting workers’ compensation benefits because of being injured in a fall while working in Idaho? Do you know about workers’ compensation in Idaho?

The Workers Compensation Act was established in Idaho in 1917. It is Title 72 of the Idaho Code.

The Idaho Industrial Commission is the state agency that has been established by the Idaho Code to enforce and carry out the workers compensation law in Idaho. This includes:

Providing information to all parties concerning their responsibilities and rights, reviewing settlements and closing documents and assisting in dispute resolution to assure Idaho workers of receiving appropriate benefits

Assisting in the rehabilitation of injured workers and enabling them to return to compatible work that is as close to their pre-injury status and wage as possible

Managing appeals that have been filed and complaints, in addition to resolving medical fee disputes that have been filed by workers compensation payors and healthcare providers

Making sure that all Idaho employers are in compliance with the workers compensation law in Idaho.

You should know that in Idaho, all employers, with few exceptions, are required by law to carry workers compensation insurance. This means that your employer should have filed a First Report of Injury (FROI) form no later than 10 days after you were injured in a fall while working in Idaho.

Did your employer do this for you? Are you receiving the workers compensation benefits that are due you in Idaho?

Depending on the nature and extent of your injuries, there are several workers compensation benefits that you may qualify for in Idaho. Some of these are:

Hospitalization
Permanent physical impairment (PPI)
Surgery
Doctor visits
Partial temporary disability (TPD)
Psychological counseling
T.E.N.S. units
Permanent and total disability (PTD)
Spinal column stimulators
Total temporary disability (TTD)
Prescription medications
Diagnostic studies
Permanent disability in excess of physical impairment (PPD > PPI)
Physical therapy
Sympathetic nerve blocks
Chiropractic care
Epidural steroid injections (ESI).

As you can see, there are many Idaho workers compensation benefits that you may be entitled to. Has your Idaho employer denied you these workers compensation benefits? Did your employer refuse to file a workers compensation claim?

You can get help. The attorneys here will be in your corner. They will do their best to see that your rights are protected. They will make sure that you get all of the workers compensation benefits that you are entitled to in Idaho.

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