Ask the Attorney: Answers to the Most Common Workers' Compensation Questions

Ask the Attorney: Answers to the Most Common Workers' Compensation Questions

Receiving compensation for an injury that you sustained at work can be a complicated process. Our attorney, Mark Cantor, answers the most common workers' compensation questions he has heard below.

When will I be paid money for my time off while I recover from my injury? (Temporary Total Disability or TTD benefits)
If you have a compensable (accepted or admitted) claim, your employer owes you money after you miss three days of work. Once you miss a full two weeks of work they owe you those first three days back. Unfortunately, the pay that you receive is based on only two-thirds of your average weekly wage, up to a maximum amount.

When will I receive my lump sum payment?
In order to resolve the case either by settlement or trial, you must be finished with all of your medical care. Once you are finished with all of your medical care and are as good as you will ever be (maximum medical improvement (MMI)) ,we will have you evaluated by our physician and be in a position to resolve your case. Once you are finished with all your care, your case should be resolved within one year, give or take depending on the specific facts of your case.

What if the doctor releases me to go back to work and I do not feel that I can do the work?
If the company doctor releases you to light duty only, I advise you attempt to work within the restrictions. If you require additional medical care, I will make a demand for that care. We need to be specific about what problems you are having and about what complaints have gone unaddressed. If the employer continues to refuse, we have several options, including seeking medical care on your own and holding them accountable.

What if I need money and workers’ compensation is not paying?
First, do not file for unemployment. If you file for unemployment you are saying that you are ready and able to work and you are not because of your work injury. Filing for unemployment will damage your workers’ compensation claim. Second, we strongly recommend that you not seek money from a loan company as they charge outrageous interest rates.

What if I get fired?
If you are fired because you are pursuing your workers ‘compensation claim, that is illegal. We will not stand for discriminatory behavior and may sue your employer if the termination was because you filed or pursued your workers’ compensation benefits. However, if you are fired for refusing to work on light duty or for any other reason, that damages your case. The employer is not responsible to pay temporary total disability benefits if you are terminated for cause, even if you are unable to work. This is not fair, but it is the law - so do not get fired!

I heard about the Second Injury Fund, what is that?
The Second Injury Fund no longer exists for claims filed after January 2014.

What if I have an emergency or some other urgent event?
Then call the law firm during business hours or call your attorney for emergencies on their cell phone if it is after hours. We are also constantly checking our email. Our office number is: (314) 485-4005.

What if I have other questions (i.e. I’m worried about my deposition)?
You should know that your attorney will completely prepare you before giving your deposition, but we have information and videos on our website.

What if we don’t win?
So long as you work with us, you owe us no money at all unless we win you money. So do not worry! Mark Cantor and our entire workers' compensation team take cases to trial routinely. Mark Cantor recently tried and won a case with his associate, David Frohlichstein, in January and we have another trial set for March 6, 2019. So, we are fighting for injured workers every day!

Cantor Injury Law is exclusively dedicated to winning serious injury cases caused by the negligence of another. I hope this answers your common questions, but if not please call us at (314) 485-4005. Mark Cantor has been winning injury cases since 1993 and will personally meet with you. Cantor Injury Law never charges a fee unless we win, you do not need any money out of your pocket to hire us and our fee is less than many of our competitors. So, let us and our winning team fight to win your case for you!

Very Truly Yours,

Mark A. Cantor

For Cantor Injury Law


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