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Michael Owen Smith
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Michael Smith’s Answers

54 total


  • 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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  • How to select personal injury lawyer?

    I was recently involved in an auto accident and am in need of legal representation. I was not seriously injured; however, I did sustain some injuries. I believe that I am entitled to some compensation for my experience. It's easy for me to ru...

    Michael’s Answer

    I agree with all the prior comments. You should do some research and speak with a couple of lawyers and you should go with somebody you feel comfortable with and is responsive to your concerns.
    Good Luck!

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  • My adjuster cut off all medical treatments and medicine cause doctor did not answer her email, is there anything I can do?

    I have open medical on a workman comp claim, my first apt took 2 months to get and when I did get in to see dr he ordered an MRI and a nerve test, also gave me lyrica for ulnar nerve. I went to get my refill on medicine and insurance company would...

    Michael’s Answer

    You should make sure your doctor states in writing that the need for your medical treatment and prescriptions are directly related to your work injury. If the WC carrier continues do deny your medical treatments, you should contact a local experienced WC attorney to further pursue the matter on your behalf

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  • What amount of compensation should I receive for a 4% impairment of the upper extremity and a 2% whole person impairment?

    I had my hand crushed in a workplace accident and now have permanent impairment to the thumb and index finger of my non-dominant hand.

    Michael’s Answer

    There is a specific calculation used by the Department of Industrial Accidents in MA to calculate ones loss of function. There is no formula for a whole person impairment. If you have a 4% loss of function on your non Dominant upper extremity, the formula is The State Average Weekly Wage times 39 times 4%. The State Average Weekly Wage varies every year and changes every October first. You can look up the average weekly wage for your year of injury on the DIA website.

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  • Will severance package interfere with workman's compensation?

    I am an Ohio employee, I was let go of my job while on workers compensation but given the option to sign the termination agreement and receive a severance package. If I sign the agreement will that interfere with workers compensation given I will...

    Michael’s Answer

    Normally ones Workers compensation benefits are independent from any other benefits being offered by a severance package. Therefore, unless the severance package specifically states you are giving up your WC rights, you should not lose your rights to file a WC claim just because your employer terminated your employment status and offered a severance package of your vested benefits. You should consult a local attorney versed in this area of the law before you sign any legal document

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  • I passed out at work because of stress 1.5 months back. ambulance was called. Can I file a workers comp?

    My manager is discriminating against me because I am only Asian working in team. he put me on performance plan and after that I complained to HR. I have complained to CEO, senior HR, chairman, CEO. manger tried overburdening me with work and I pa...

    Michael’s Answer

    IF you can obtain a medical note stating the cause of your passing out is directly from your work activities, then you will be able to file a claim for medical benefits and any lost wages. The Insurer for your employer may argue the stress was just from a "bona fide employment action" such as an assignment and does not give rise to a work place accident. With respect to your hostile work environment, it would be best for you to get a disability note stating it is unhealthy for you to continue to work there due to the specific hostile work environment before you decide to go back out of work

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  • Injury at a business and insurance company only wants to pay medical bills.

    My toddler child was injured at a video game, restaurant\ bar establishment. He hit his head on the metal rail around the edge of a box below the seat of a racing video game. That injury required staples in his head and entailed a visit to the em...

    Michael’s Answer

    I suggest you contact the insurance company and voice your concerns. IF you are unsuccessful in getting them to increase the offer, you should consult with a local attorney.

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  • What to do with baby product & safety issue?

    I bought a baby gear 'Rainforest™ Jumperoo™' by Fisher Price. Ever since putting our 4 month old daughter, she's been constantly getting scratches and cuts on her left arm/elbow. Upon inspection, part of unit is defective/not cut property and caus...

    Michael’s Answer

    Fortunately for you and your daughter, her injuries do not seem severe enough in my opinion to pursue a products liability case. As stated from the other attorney postings, you should report the problem to the consumer protection commission so this does not happen to other babies. You should also return the product to the store where you bought it got get a refund.

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