Workers Compensation Frequently Asked Questions (FAQs)

 

Do you have questions about workers compensation? We have answers. Click on these frequently asked questions about workplace injury litigation for answers.

 

You may have questions after a work injury or the diagnosis of an occupational disease. Many injured workers do.

 

Your fear and uncertainty are normal. Few people know how workers compensation law works. Or how to counter the delay and denial tactics of insurance companies.

 

Unfortunately, you may get incomplete or incorrect information about workplace injury litigation. And this can lead you to fail to act or make decisions that cost you thousands of dollars.

 

Our website wants to change that.

 

Below are some of the most frequently asked workers comp questions. These questions come from the thousands of injured workers we have won cases for. (View this workers comp settlement chart for examples of results).

 

Click on the link to a question for tips on handling that issue. But remember: This information is general, and the answer to your specific worker’s comp question may vary depending on the facts of your case and which state has authority over your claim.

 

Read on to learn more.

 

Then call us for help with your workers compensation questions: (804) 251-1620 or (757) 810-5614.

 

Our work injury lawyers have helped thousands of injured workers recover tens of millions of dollars in benefits and settlements.

 

 

List of Workers Comp Questions

 

Questions about Basic Principles of Workers Comp

 

• Workers compensation vs personal injury: What is the difference? 

 

• Does negligence matter in workers comp?

 

•  Is workers compensation my only legal remedy after a job-related injury, or can I sue my employer?

 

• What types of workers compensation benefits can I get?

 

• Will the insurer pay damages for pain and suffering from the work-related injury?

 

• When should I hire a workers comp lawyer?

 

• What are things workers comp attorneys won’t tell you?

 

• How is the court system set up in Virginia?

 

Questions about Workers Compensation Coverage

 

• Is workers comp based on where you live or work?

 

• Am I an employee or an independent contractor under workers compensation?

 

•  How do I prove eligibility for workers comp?

 

• Statutory employer: When does another company have to pay benefits to me?

 

Questions about Workers Comp Notice Requirements

 

• What steps should I take after a work accident?

 

• How long do I have to report a job-related accident and injury?

 

• How do I write a work injury report letter?

 

• Can my employer ask me to take a post-incident drug test? 

 

• Should I submit a complaint to OSHA about unsafe conditions at work?

 

Questions about Workers Comp Pleadings

 

• How do I file a workers compensation claim?

 

• When does the deadline (statute of limitations) expire for filing for workers comp?

 

Questions about Workers Comp Wage Loss Benefits

 

• When do workers comp payments start?

 

• How long can I get workers comp? 

 

• How much does workers compensation pay?

 

• Are workers comp benefits taxed?

 

• What should I do if my workers compensation checks are late? 

 

• Will I receive a cost-of-living adjustment (COLA) that increases my workers comp payments? 

 

• What is temporary total disability (TTD)?

 

• What is temporary partial disability (TPD)?

 

• Will retirement affect my payments? 

 

• Will I receive lifetime payments if I am permanently disabled from returning to any work because of the industrial accident?

 

• Can my employer force me to use accrued paid time off (PTO), vacation pay, or sick leave if I miss time from work because of a covered occupational injury or illness? 

 

• Do family members qualify for workers comp payments if a spouse, parent, or child dies from a work-connected injury or disease?

 

• What happens if the treating physician releases me to full-duty work or from care?

 

• Will I continue to receive workers compensation benefits after I reach maximum medical improvement (MMI) for my injury?

 

• Can the employer or insurer force me to return to work if my doctor gives a light-duty (modified) release?

 

• What happens to my benefits if the doctor gives light-duty work restrictions?

 

• Can I get another job if I receive workers comp benefits?

 

• My doctor says I can return to sedentary work – what does that mean?

 

• Why would I have to pay back workers comp? 

 

Questions about Workers Comp Medical Benefits

 

• What medical benefits does workers compensation provide?

 

• Does the employer or insurer have to give me a list of doctors to choose from?

 

• How do I choose a workers comp doctor?

 

• Can I go to an urgent care center to get medical care? 

 

• What is the treating physician’s role in work injury cases?

 

• What do I tell my workers comp doctor about the industrial accident?

 

• How do I schedule a doctor appointment if I have a workers comp claim?

 

• When can I change treating physicians in an open workers compensation case? 

 

• Will my benefits stop if I miss an appointment with my doctor or physical therapist?

 

• What is an orthopedic surgeon?

 

• Does workers comp pay for prescription medication?

 

• Is chiropractic adjustment covered under a lifetime medical award? 

 

• Does the Health Insurance Portability and Accountability Act (HIPAA) apply to workers compensation?

 

• What is a functional capacity examination (FCE)?

 

• How do I get a second medical opinion through workers comp?

 

• Can I go to the emergency room (ER) for my work injury if my doctor has no appointment or the office is closed?

 

• Will I continue to receive workers comp checks if I refuse prescribed medical treatment?

 

• Does workers comp pay for medical treatment for other body parts injured or weakened by the initial injury?

 

Questions about Other Workers Comp Benefits

 

•  Will I receive compensation if I am permanently and partially disabled by an occupational injury?

 

• How does workers comp determine the level of permanent impairment I have?

 

• Is money available for scarring or permanent disfigurement caused by a burn or surgery? 

 

• How do I get transportation or mileage reimbursement for travel to my doctor appointments? 

 

• Will the insurance company offer vocational rehabilitation so I can find a new job within my medical work restrictions?

 

Questions about Workers Comp Claims Procedures

 

• What happens after I file my claim?

 

• How do I reopen my case when I have a workers compensation award?

 

• How long does the workers compensation claim process take?

 

• What do nurse case managers (NCMs) do?

 

• Do I have to sign a blank medical authorization and records release form?

 

• What is a cost-effective way to get my medical records?

 

• How do I get copies of my medical reports? 

 

• Why should I consider taking a nonsuit and withdrawing my claim voluntarily?

 

• Who has the burden of proof in workers compensation cases?

 

• What evidence rules apply in workers compensation matters?

 

• What types of evidence should I use to win my case?

 

• Why did the insurer deny my workers comp claim?

 

• What are common defenses raised by employers and insurers?

 

• Why is the insurer alleging I violated a safety rule or that willful misconduct caused my injury?

 

• Does the doctrine of res judicata apply to my claim?

 

• Why is the insurance company sending me to an Independent Medical Examination (IME)?

 

• What are my options if the insurance carrier denies medical treatment?

 

• How do I prove medical causation if the insurance company denies that a prescribed treatment is related to the work injury?

 

• When can the insurance company stop workers compensation benefits?

 

Questions about Workers Comp Discovery

 

• Should I send a litigation hold (spoliation) letter to the employer and insurer asking the employer to preserve evidence?

 

• What can I do if the employer destroys (spoliates) evidence needed to prove my claim or pursue a third-party action?

 

• What happens during pretrial discovery?

 

• Do specific discovery rules apply to workers compensation cases?

 

• How do I answer interrogatories?

 

• What interrogatories should I ask the employer and its insurance company to answer?

 

• Can I force the defendants to produce documents?

 

• How do I compel the defendants’ answers to my discovery requests?

 

• What should I do if the defendants’ discovery answers or document production are evasive or incomplete?

 

• Should I object to interrogatories that are irrelevant or pry too much?

 

• Do the procedural rules allow me to issue a subpoena?

 

• How do I prepare for my workers compensation deposition?

 

• Will having a criminal record affect my case?

 

• Can the insurer ask or discover past work injuries and claims?

 

• Should I expect the insurer to investigate my social media accounts, including Facebook, Twitter, and Instagram?

 

Questions about Workers Comp Hearings and Appeals

 

• How do I use motions in limine to exclude harmful evidence at trial?

 

• What happens at a workers compensation hearing?

 

• What are examples of questions asked at workers comp trials?

 

• Can I appeal a denied claim? 

 

• How do I respond to allegations that I am faking my disability (malingering)?

 

Questions about Resolving Workers Comp Claims

 

• What does it mean to enter into a stipulation?

 

• What is the difference between a written stipulation and a settlement agreement?

 

• What is a Workers Compensation Award Letter?

 

Questions about Workers Compensation Insurance Companies and Claim Administrators

 

• Who are the biggest workers comp insurers and third-party claim administrators (TPAs)?

 

• What is a third-party administrator? 

 

• What tricks do workers comp adjusters use to defeat claims?

 

• Do I have to give a recorded statement to the insurance claim adjuster?

 

• How do I scare the insurance adjuster into a better settlement?

 

• What is Gallagher Bassett’s role in my workplace injury case?

 

• Does The Hartford Insurance Company settle workers compensation claims?

 

• How do I deal with Sedgwick workers comp effectively?

 

• What is self-insured retention?

 

• What can I expect when Travelers Insurance handles my work injury case?

 

• Is the workers comp insurer acting in bad faith?

 

• Is the claim adjuster or insurance defense attorney allowed to speak with my treating doctor?

 

Questions about Workers Comp for Specific Employers

 

• Amazon workers comp: How to win your claim and get a settlement

 

• Workers compensation settlements for American Airlines employees

 

• How do I file a Dollar General workers comp claim? 

 

• How much is my Home Depot work accident claim worth?

 

• Winning workers comp if you get hurt at Lowe’s.

 

• Strategies and tactics for your Target workers compensation case

 

• How does United Airlines handle work injury claims?

 

• What is the settlement value of my UPS workers compensation case? 

 

• Everything you need to know about Walmart work accident claims and settlements

 

Questions about Workers Compensation for Specific Occupations

 

• What can airline employees (including aircraft mechanics, baggage handlers, and flight attendants) expect after a job-related injury?

 

• What is the average settlement for nurses with workers comp claims?

 

• School violence against teachers results in many workers compensation cases

 

• What are the most common work-related injuries for truck drivers?

 

Questions about Workers Compensation for Specific Accidents, Injuries, and Diseases

 

• How many workplace injuries and illnesses were reported last year?

 

• What are the most common work-related injuries?

 

• What is the disability duration for common work-related injuries, illnesses, and procedures?

 

• How do I win a claim for an occupational disease?

 

• What is the average settlement value for torn ACL injuries?

 

• How much is an amputation injury worth?

 

• What evidence will increase the value of my ankle injury claim?

 

• Will workers comp cover anxiety or depression from the work injury?

 

• What is the average value of a work-related back injury case?

 

• How do I win a thermal or chemical burn injury case?

 

• Does workers comp cover black lung disease?

 

• How to settle a work-related car accident case

 

• Proving carpal tunnel syndrome (CTS) under workers compensation laws

 

• Guide to cervical spine and neck injury settlements in workers compensation

 

• How does chronic pain affect settlement value?

 

• Will an MRI or CT scan show a concussion?

 

• What happens if I develop complex regional pain syndrome (CRPS) from a work injury?

 

• What claims and lawsuits can I bring for a construction accident injury?

 

• Can I get workers comp when an injury cause or worsens degenerative disc disease and osteoarthritis?

 

• What do you need to prove to get a fair settlement for a work-related degloving injury?

 

• Does workers comp pays for dental injuries affecting the mouth, jaw, and teeth?

 

• How much is an eye injury case worth if I suffer vision loss?

 

• What should I know about workers comp cases involving falls from ladders, roofs, and scaffolds?

 

• How do I negotiate a settlement of a job-related foot injury case?

 

• What is the settlement range for a forklift accident case?

 

• How do I win a crane accident claim? 

 

• Getting the workers compensation benefits you deserve for a broken bone (fracture)

 

• What is a hand or finger injury worth?

 

• Negotiating a lump sum settlement for a head injury (including a concussion)

 

• How do I get compensation for occupational hearing loss?

 

• Who qualifies for the presumption under the heart and lung disease bill?.

 

• Does workers comp cover herniated discs?

 

• Will I get more money if my herniated disc injury requires epidural steroid injections?

 

• What is the fair settlement value for a hip injury?

 

• How to litigate a work-related knee injury claim

 

• What is the average settlement amount for a knee replacement?

 

• How do I prove I suffered a torn meniscus at work?

 

• How do I settle a muscle injury case?

 

• What is a reasonable settlement amount for a work-related nerve injury causing permanent damage? 

 

• Which legal theory should I use to prove post-traumatic stress disorder (PTSD) related to work?

 

• Can I get workers comp although I have a preexisting injury or condition?

 

• Does workers comp cover repetitive motion (cumulative trauma) injuries?

 

• What is the settlement range for workers comp claims for sciatica?

 

• How do I negotiate a settlement in my shoulder injury (torn rotator cuff) case?

 

• What can I expect after a skull fracture?

 

• How do I win a workers comp claim for a slip and fall accident?

 

• What is the settlement range for spinal cord injuries resulting in paralysis?

 

• How much is a workers comp spinal fusion settlement worth?

 

• What are common permanent restrictions after spinal fusion?

 

• Can spinal stenosis result in permanent disability from work?

 

• How do I prepare a traumatic brain injury (TBI) case?

 

• What are the types of TBIs?

 

• What are Waddell’s signs for low back pain?

 

• Does workers compensation cover workplace violence, such as assaults and mass casualty events?

 

Questions about Workers Comp Settlements

 

• Can I close my case with a lump sum settlement?

 

• Can I cash out my lifetime medical award?

 

• Does surgery increase the settlement value of a workers comp case?

 

• How do I write a workers comp settlement demand letter?

 

• When will workers comp offer to settle?

 

• Should I accept the first settlement offer?

 

• How to use anchoring bias to get a better settlement

 

• How do I persuade the insurance company to increase the claim reserve amount?

 

• When do I need a Workers Compensation Medicare Set-Aside (WCMSA) trust?

 

• Why is the employer asking me to resign as part of the settlement?

 

• Can I change my mind after accepting a settlement offer?

 

• What does a compromise and release agreement say?

 

• What language should the settlement papers include to reduce the Social Security disability offset?

 

• How long will it take to get the workers comp settlement check?

 

Questions about Alternative Dispute Resolution (ADR) in Workers Compensation

 

• What happens at a workers compensation mediation?

 

• How do I write a pre-mediation statement? 

 

Questions about Paying for Medical Treatment for Occupational Injuries in Disputed Workers Comp Claims

 

• Can I use my private health insurance to pay for medical care related to a work injury?

 

• Will Medicaid pay for treatment if for a work injury?

 

• What is the best way to ask a doctor to treat you on a lien basis?

 

• How do I stop a medical provider from debt collection activities while my case is pending?

 

Questions about Workers Comp Attorney’s Fees

 

• How much do workers compensation lawyers charge?

 

• Sample workers comp attorney retainer agreement

 

Questions about Other Laws that May Apply to Your Work-Related Injury or Affect Your Benefits

 

• Do I have a third-party action (lawsuit) for my work injury?

 

• What is the interaction between workers comp and admiralty and maritime injury law?

 

• How do coal miners qualify for black lung benefits?

 

• Is there a separate workers compensation program for federal employees?

 

• Am I eligible for workers comp if I use Family and Medical Leave Act (FMLA) leave after an occupational injury or illness? 

 

• What is a Jones Act negligence lawsuit?

 

• How do I negotiate a workers comp lien reduction when settling an auto accident or personal injury case?

 

• Does the Longshore and Harbor Workers Compensation Act (LHWCA) apply to injured shipyard employees?

 

• Do I qualify for long-term disability after an occupational injury or disease?

 

• Can I apply for long-term disability (LTD) benefits because of a work injury? 

 

• Who qualifies for maintenance and cure payments?

 

• Can I defeat the employer’s plea in bar in a civil action?

 

• Do I have a product liability case because of defective machinery or equipment?

 

• Can I sue my employer if it retaliates against me for filing a workers compensation case?

 

• What is the difference between short-term disability and workers comp? 

 

• Is my work injury severe enough to qualify for Social Security disability?

 

• Can I get Social Security disability if I already receive workers compensation?

 

• Can I apply for Social Security disability after I settle my workers comp claim?

 

• What is subrogation?

 

• Will I qualify for unemployment benefits while waiting on a decision in my workers compensation case? 

 

• Do I have an unseaworthiness claim?

 

• Am I eligible for benefits through the Virginia Retirement System (VRS)?

 

• How do I protect my VRS disability benefits if I have a workers compensation claim?

 

Answering Frequently Asked Questions about Workers Comp for Tens of Thousands of Injured Employees Yearly

 

This website aims to give injured workers the information needed to win workers comp claims.

 

We hope these articles give you the tools to be your best advocate after a work accident or the diagnosis of an occupational disease.

 

But if you find yourself stressed with the paperwork or the delay tactics of the insurer and want to focus on healing, call us at (804) 251-1620 or (757) 810-5614.

 

Our law firm helps workers compensation claimants throughout Maryland (Baltimore, Hagerstown, and Cambridge) and Virginia, including Virginia Beach, Newport News, Richmond, Charlottesville, Roanoke, Bristol, Harrisonburg, Fairfax, and Fredericksburg.