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Michael Owen Smith
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Michael Smith’s Answers

61 total


  • Can I be placed on unpaid suspension while on workers compensation?

    I was injured at work and was placed under workers compensation. A few days later I was suspended for one week without pay. Is this legal?

    Michael’s Answer

    It all depends on the alleged reason why they suspended you. Usually it is illegal if you can prove you were suspended only because you claimed a workers compensation injury. You should speak with a local employment attorney and give more details as to why your employer suspended you.

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  • Will I get all my lost wages ?

    So I have a workers comp and a personal injury case. My attorney for my personal injury is telling me that he is going to get me my lost wages. I haven't worked since April the second but the insurance through workers comp has been sending me my T...

    Michael’s Answer

    IF your accident occurred while in the course of your employment, then you will be entitled to your workers compensation disability benefits provided you can show you are disabled. Usually State WC laws pay less than your full pre injury wage. If you have a viable 3rd party case, then you can claim additional out of pocket wages for your damages in your 3rd party action. You will probably need to wait for your 3rd party case to settle to get the rest of your lost wages. You should speak with your attorney for further details

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  • Should I settle or just wait ?

    So I am currently awaiting my QME report and he didn't say I had reached MMI. i can't wait any longer I just want to close my case. Should I just settle my case ?

    Michael’s Answer

    There are many factors to consider when deciding to settle a WC claim. Before there are any serious decisions to make, you need to get a firm offer from the WC carrier. Once they have made what they say is a final offer, you need to weigh the pros and cons of settling. Will this amount properly compensate you? Will you be able to live on the settlement amount? Do you plan to eventually go back to work or are you going to be out of work for an extended period. Do you plan to also receive social security disability. Are all your medical bills paid. Do you plan to have extensive medical treatment such as surgery after you settle. These are all issues that need to be taken in consideration when you decide to settle. Your best bet is to speak with an experienced WC attorney in your area. Good luck

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  • Just need to know if I can leave this lawyer and find another one ASAP that's going to give me answers and will update me.

    Hi I have a lawyer for a workmans comp case and the date of injury was 11/24/2014 and it's already passing a year. Everytime I call them it's like if there to busy and are very sarcastic. I tell them when is my deposition? Oh I don't know they ch...

    Michael’s Answer

    The most important part of a relationship with a lawyer and his/her client is to have good communication. You can try to schedule a in person meeting with your attorney office to ease any concerns you may have. If you continue to feel you are being ignored, you always have a right to change your representation.

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  • What would my options be in this type of situation? and also is this a potential lawsuit?

    I work at a gas station. While filling up a propane tank for a customer I received 2nd degree chemical burn on my hand from the propane leaking out. The nozzle was not connected all the way due to the propane tank being stripped therefore the nozz...

    Michael’s Answer

    I agree. You were injured on the job so you have a primary case through the workers compensation laws of the state where you were injured. You should see a local attorney in your area that specializes in representing injured workers to determine what benefits you are entitled to. You should also explore the potential of a 3rd party recovery against another person or company (other than your employer) that contributed to your accident or were negligent.

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  • Got my mmi rating and date already....how long does it take to get approved or whatever they do?

    I got my mmi rating and date already....how long does it take to get approved or whatever they do?

    Michael’s Answer

    Many state WC laws provide an additional benefit if an injured worker has a permanent loss of function when they are at a maximum medical improvement. Most state WC laws have a specific formula to determine the amount you maybe due for your loss of function. Sometimes, a Workers Compensation Insurance Carrier may dispute your percentage of loss of function and send you to see another doctor (an IME) to perform a loss of function report. You should consult with a local attorney in your area that specializes in representing injured workers.

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  • Why is Medicare involved at all. Shouldn't workman's comp pay 100 percent of charges no matter my age or personal insurance?

    have filed a workman's comp claim..just received notification from Medicare that they were advised of this. And asked(by Medicare) if want 25 per cent of claims paid or 5000 settlement.

    Michael’s Answer

    If your medical treatments are causally related to your work injury, then the Workers Compensation Insurance Carrier should be responsible to cover the bill. Unfortunately this does now always happen. Perhaps the medical provider mistakenly billed your Medicare or the WC insurance carrier improperly denied your work related medical care and Medicare then picked up the bill. There are strict Medicare laws where they have a right of recovery if you settle your WC case. Their lien cannot be ignored. My suggestion to you is to talk to an experienced WC attorney in your area to further assist you.

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  • Can workman's comp make me change my schedule at work so that they dont have to pay me. lost wages

    I fell at work in march 2013 and dislocated my knee cap. after months of therapy I had surgery to repair my MPFL on August 22. I was release back to work this month on 4hr shifts only. before I was injured I only worked Fri, Sat, and Sun(total of ...

    Michael’s Answer

    Usually if you have a doctor's note stating you are only able to work less hours than what your worked prior to your injury, then WC should cover the loss in pay. Your employer should try to give you a reasonable accommodation. I suggest you consult with a local workers compensation attorney in your area that is well versed in these matters. Good luck!

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  • Recently I had a slip and fall accident in county jail , as a result of faulty plummeting in the community bathroom can I sue?

    There was an outstanding work order but NO wet floor signs ...I have a scar on my face after receiving stitches above my eyebrow..from water in the floor..

    Michael’s Answer

    If you can show negligence caused or contributed to your slip and fall, then yes you can bring a claim. If the jail hired a private company to perform the work and they left water on the floor, they could be found at fault. If the Jail was in control of the premises where you fell, you could bring a claim against the Jail which would be owned by the state. You should speak with an attorney right away to preserve your rights. Also, if you have a permanent scar, you should take pictures of your injury for evidence.

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  • What is the penalty for driving an unregistered and uninsured car in MA?

    I was cited to court under "criminal violation". I have already registered and updated my car insurance, what will the court procedure be like? Will I now have a criminal record? Also, I have had parking tickets previously in MA and they have all ...

    Michael’s Answer

    You should attend your scheduled court date. If you miss your court date you will be in Default and you definitely do not want that to happen. When you attend your court date, speak with the assistant district attorney that is handling the case against you. Show him all your documents supporting you have now cleared up the issues and have your vehicle insured and registered at this time. Also show the RMV documents proving you have a clean driving record. If you do not have any prior similar charges, hopefully the Assistant District attorney will agree to have the Judge dismiss the charge so you will not have any record. You may need to pay some court costs in consideration of a Dismissal. Good Luck!

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