Category Archives: Workers’ Compensation

Facebook Dangers You Need To Know About

Our post for today comes from our colleague Brody Ockander of Nebraska.

More than likely, you’re on Facebook if you are reading this. If you are not, the chances are very good that you know a close friend or family member who is on Facebook, MySpace, or Twitter.

Most of us never think twice about what we post on these social media sites. However, depending on the privacy settings of your profile, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in. That “anyone” could be the defense lawyer or insurance adjuster if you are currently involved in a Workers’ Compensation action.

Depending on your privacy settings, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in.

“What do I have to hide?” you ask. Well, often times these status updates, photos, or wall postings may be misunderstood or taken out of context. For example, a status update stating “Just got done mowing the lawn” might not look very good to someone that is off work for a back injury, and it would be hard to explain that even though you mowed the lawn, it took you two pain pills to do so and caused you extreme suffering later that night that you couldn’t even sleep the price you paid in mowing that lawn.

Here’s what you can do to avoid some pitfalls from Facebook:

  1. Adjust your privacy settings so that only your “friends” can see your status, wall, and photos. Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Emergency Medical Treatment Does Not Need To Be Authorized

If you don't obtain prior approval for emergency treatment, you can still file a workers' comp claim.

When an injured worker needs emergency medical care, prior authorization isn’t always possible and obtaining it does not bar a workers’ compensation claim. When a worker is hurt at work and is rushed to the emergency room for treatment, there often isn’t enough time to seek authorization from an insurance company and to obtain a claim number.

At the time of the treatment, if possible, the injured worker should let the hospital and medical provider know that the injury occurred at work and the exact details of all his or her injuries. This is sometimes an effort since emergency staff are rushed and understaffed. After the emergency care is provided the worker should immediately seek the guidance of an attorney to assist in filing a claim and obtaining reimbursement for the medical care.

At the time of the treatment, if possible, the injured worker should let the hospital and medical provider know that the injury occurred at work and the exact details of all his or her injuries. 

The law provides that the cost of Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Monday Q & A: Help – I forgot to keep track of the days I lost!

Failure to keep a list of lost work days won't harm your claim.

QUESTION: WHEN I GOT INJURED I DIDN’T KEEP A LIST OF THE DAYS I LOST. DOES THAT MEAN I CAN’T PUT IN A CLAIM FOR WORKERS’ COMPENSATION?

ANSWER: THE EMPLOYER IS RESPONSIBLE FOR REPORTING TO THE WORKERS’ COMPENSATION BOARD ANY DAYS LOST TO INJURY.

Joe had been out with that broken leg from the scaffolding accident for more than a month but less than three. That much he knew. However, he had misplaced his date book, and just wasn’t quite sure when he had returned to work. It was all hazy which might have to do with the mild concussion he had gotten from his fall. Joe was worried that if he didn’t have the exact dates his claim, his Workers’ Comp application wouldn’t be accepted. He began to think it was pointless to Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Monday Workers’ Compensation Q&A: Am I eligible for workers’ comp and unemployment?

You may be eligible for both workers' comp and unemployment.

QUESTION: I AM OUT OF WORK ON A WORKERS’ COMPENSATION INJURY. AM I ALLOWED TO FILE FOR UNEMPLOYMENT BENEFITS?

ANSWER: YOU MAY FILE FOR UNEMPLOYMENT BENEFITS, AS YOU ARE ELIGIBLE FOR BOTH BENEFITS.

Joe was recovering from that bad fall off the scaffolding. He was receiving Workers’ Compensation Benefits. But facing months ahead out of work and on his back he didn’t know if he could survive on workers’ compensation benefits alone. He was curious if he could also file for Unemployment Benefits. He called Mike, his best friend on the job and asked what he should do. What did his friend Mike say? Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Monday Workers’ Compensation Q&A: If I Am Disabled, Do I Need to Look for Work?

If you are receiving workers' compensation, you must be employed or looking for work.

While you are not required by law to look for work as a condition to receiving your benefits, the Workers’ Compensation Board has established its own standard that allows insurance companies to stop your payments if you cannot demonstrate that you are “attached to the labor market.”

What exactly does that mean?

Even if a doctor has declared you too disabled to work in your current job, you must look for work. You must show a good-faith effort to explore real job postings that are appropriate for your disability. To be acting in good faith, the work you look for must be within your personal restrictions as determined by your doctor. For example, if you are prohibited from lifting more than 20 pounds, then applying for jobs as a UPS delivery person may not satisfy the Board’s requirement.

Further, the Workers’ Compensation Board may require that you *prove* “attachment to the labor market” as a condition to you continuing to receive benefits. To do this, we recommend that you keep a good record of your efforts to find work, even if you are not able to find a new job. A simple way to record your efforts is in a diary, either paper or electronic.

When keeping a job search diary, you should do the following:

  • Keep it in real-time. Don’t wait a month and try to re-create your efforts.
  • Include who you have spoken to, what newspaper job listing sections you read, the internet job sites you search or other things you are doing to find a job.
  • Keep entries for all jobs you apply for.
  • If you get an interview, make a note of it. Write down who you interviewed with and your contact in the human resources department.
  • Keep track of the jobs you are professionally qualified for but don’t apply for because of your disability.

Prior results do not guarantee outcomes.
Attorney Advertising.

Monday Workers’ Compensation Q&A: My employer paid my salary, do I still have to file a claim?

QUESTION: MY EMPLOYER PAID MY SALARY WHILE I WAS INJURED AND OUT OF WORK. DO I STILL HAVE TO FILE A WORKERS’ COMPENSATION CLAIM?

ANSWER: THERE IS MORE TO A CLAIM THEN PAYMENT WHILE OUT OF WORK ?

Joe’s boss, Mike was a great guy. In fact, when Joe got badly hurt at work and was out for weeks, Mike paid Joe’s salary every week. When Joe got back to work, he hesitated filing a Workers’ Compensation Claim. After all, Mike had paid his salary the weeks he was out. And Joe didn’t want to appear ungrateful or greedy. What should he do?

File, Joe!! File!!!

If Mike drew Joe’s salary paid from Joe’s accrued sick or vacation time, Joe would not get that time back unless he filed a claim. That means the eight weeks of vacation and sick time Joe had coming to him had been put toward the time he spent recuperating at home. Unless Joe submitted a claim, he’d have to start from scratch to build up vacation and sick time.

“Aside from the monetary award, there is lifetime medical coverage for a Workers’ Compensation Claim.”

The payment of wages is only a small portion of a Workers’ Compensation Claim and NOT the only thing Joe is entitled to. In an earlier column, an injured worker can make a claim for a schedule loss of use if an extremity is injured even if salary was paid.

More importantly, Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Monday Workers’ Compensation Q&A: I am already getting Social Security and a Pension…

QUESTION: IF I AM GETTING SOCIAL SECURITY DISABILITY (SSD) AS WELL AS A PENSION DOES THAT MEAN I CANNOT GET WORKERS’ COMPENSATION AS WELL?

ANSWER: YOU CAN GET STILL GET WORKERS’ COMPENSATION WHEN YOU ARE RECEIVING A PENSION AND SSD.

At 55, Joe was a walking museum of every accident he had ever had in his 30 years of working the job. That last accident put him out of work for almost two years. Luckily, he filed all the paperwork, submitted all the forms, crossed all his ‘Ts’ and received Social Security Disability (SSD). But after three decades of hard work, Joe had had enough and so he started the paperwork to retire. But he was worried. He had planned on applying for Workers’ Compensation, but he wasn’t sure he’d could since he was already on SSD and about to receive his pension. What should he do?

File, Joe! File!!

The combination of Workers’ Compensation, Social Security Disability and a pension is called the Trifecta, a Triple Crown of benefits, so to speak. Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Monday Workers’ Compensation Q&A: I didn’t lose time from work…

Even if you didn't lose time from work, you can still file a claim.

QUESTION: WHEN I GOT HURT, I DID NOT LOSE ANY TIME FROM WORK. SHOULD I BOTHER TO FILE A WORKERS COMPENSATION CLAIM?

ANSWER: LOST TIME IS NOT A REQUIREMENT TO FILE A CLAIM

Joe was working a plumbing job at a construction site. He was tightening a connection to an S pipe when the wrench slipped and so did his wrist. Lucky for him, it was only a fracture. The ER was quiet and empty and two hours Joe was back on site, supervising Mike on pipe installation and making sure the job got done. Sure he would have to do some physical therapy on his wrist but that would happen on the weekends. He wouldn’t lose a day of work as he healed.

As he and Mike finished up their day’s work, Mike mentioned to Joe that he should file a Workers’ Comp claim. “But why?” asked Joe. “I was only gone for two hours and the physical therapy will happen on Saturday. Don’t you have to be out for like weeks to file a claim? Nah… I’m not going to file.”

File, Joe! File!!

You don’t have to miss a day of work in order to file a successful claim. Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.