Visitor Question

Will going to prison before the Qualified Medical Evaluation affect my compensation?

Submitted By: Tony (San Francisco, CA)

I suffered the following work injuries: index and middle finger phalange was crushed, tip of my index finger to first joint was amputated, I received nerve damage from my finger tips to my shoulder. This was all due to third party negligence. I am already receiving workers compensation benefits for these injuries.

But my question is, if you are receiving workers comp benefits and fighting a criminal case (separate matter), and happen to go to prison before the QME process (Qualified Medical Evaluation), are you still entitled to your full, or any, compensation?

What are my best steps to take to get the most of my compensation? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tony,

Not being available for your Qualified Medical Evaluation will be problematic. Without one workers compensation can deny your claim. You might attempt to move the date of your QME up.

In the alternative, you have a legitimate argument you should be entitled to the amount of the wages you would normally be entitled to during your period of recovery from the work injury. This will be complicated, as once you enter prison you will need a prison doctor to verify and document the nature of your continuing treatment and recovery. You may have some difficulty getting a prison doctor to cooperate.

It is unlikely he or she will want to become involved with your workers compensation claim.

Your alternative would be to have your own private physician document the nature of your injuries and the period of normal recovery. If you can find one who will come to the prison you may have a chance. Otherwise you might try to move up the date of your QME.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 17, 2013

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