Workers compensation case
It would be preferable to have some information about your issue before answering this question. However, I assume you have a work related injury and are trying to navigate yourself through the NJ Workers Compensation system. If so, you would benefit from hiring a lawyer. You will need an attorney to make sure you get the proper medical benefits and wage reimbursement. At the appropriate time an attorney will also maximize your settlement amount. The cost of hiring an attorney is exceptionally reasonable. WC attorneys are paid on a contingency basis, this means we receive a percentage of the benefit we get for the injured worker. We generally get 20% of the award, split 60/40 with the insurance carrier. In short, on a $10.000 settlement, the injured worker generally only contributes $800, or 8% toward the attorney fee. This money is awarded to the attorney in the same Court Order that resolves your claim. A WC attorney should never take money directly from his client. If for some reason you lose your case, you will not owe your attorney anything.See question
It never went away but worsened . My MRI showed problems . I needed surg ,was out of work 4 months then had surg my job fired me plus denied WC . :( I have a child . What about health ins . Not fair it should be work comp !
Mr. Popovich is correct. You should retain a WC attorney to help you. That is my area of law, but you live too far from my office for me to effectively help you. If you call my office, I will refer you to someone closer to your home. If you do. It wish to do that, you can call your local county bar association and see if they have a lawyer referral program. The attorney that helps you will not charge you anything out of pocket. If you are successful, he will get a percentage of the award.See question
I had surgery on the shoulder not the foot when I returned to work I was never offered a settlement can I still ask the company for a settlement or is it to late I still have problems with the foot thank you
It is likely too late, but I am not comfortable giving a legal opinion with the limited facts provided. You should immediately contact an attorney who specializes in NJ Workers a Compensation and whose office is reasonably close to your home.See question
Anterior cervical discectomy, C5-C6,C6-C7. Rotator cuff surgery on dominant hand. Depression. I was 52 when this happened. Still seeing pain management Dr. who insists I need surgery.
No. They are paying you permanent disability in the of 12 1/2% of Partial Total. They are saying the disability is permanent in nature - meaning it is never going to improve, but partial in character - meaning less than total disability. They are saying you are not totally disabled and can go back to work. You should cash the check and keep the (nontaxable) money. However, you are still able to seek more money from the insurance carrier, and should do so. The true value of your case would normally be much more than the 12 1/2% the carrier has given you. My strong advice is for you to retain an attorney. He will essentially receive, from you, 8% of the additional money he gets you. He will not get a fee on the 12 1/2% of partial total you already received. If you would like me to represent you, give me a call. Good luck.See question
are there any attorneys who can take this case?? I was told there are very few attorneys who take workmen's compensation cases if the employer was uninsured. My medical bills exceed 50K. I fell two stories from a ladder. I need a worker's compe...
Attorneys are hesitant to take case like this because it is more difficult to prosecute and there is there is the likelihood that the payout will be much lower than if there was an insurance carrier. I have been practicing WC for many years and presently am litigating multiple matters with no insurance. If you would like to discuss this case in detail, call my office to schedule an appointment.See question
I work for a major shipping company unloading packages, while unloading a truck one night at work a package fell from the highest point in the truck destroying my index finger needing two surgeries already, the shipping info from the company that ...
From the fact pattern you have laid out, you can pursue a NJ Workers Compensation claim against your employer and/or it's insurance carrier. To have a compensable claim the injury must "arise out of and in the course of" your employment. That clearly is the case here. You would be entitled to 3 types of benefits: medical benefits, pay for lost time from work and money if you can show that you have permanent residuals from your injury. If you have already paid for medical care yourself or missed time form work for which you were not compensated, you may be entitled to reimbursement.
I do not understand why you think you would not be entitled to NJ Workers Compensation benefits. You should speak to an attorney. Please feel free to contact me.See question
Am I allowed to choose a doctor from the list of doctors given from the workmens comp carrier or do they hold that right and how far are they allowed to make me travel. I am in extreme pain and there is a pain management doctor 10 minutes away tha...
The WC Insurance Carrier must pay for all of your medical care, so they have the right to select your doctors. However, they must be reasonable in doing so. In your circumstance, if the carrier gave you a list of their doctors and told you to pick the one of your choosing, you may do so. If not, they can select the particular doctor that you go to, regardless of whether there is another doctor in their network that you would prefer. Part of the reasonableness standard in the selection of the treating doctor deals with the location of that doctor's office. There is no set standard as to what distance is reasonable and what is not, generally common sense is applied. However, the carrier is not obligated to authorize the doctor on their list that is closest to your home.
Remember, even if you can't force somebody to do something, you may get what you want by asking nicely. Perhaps if you call the claims adjuster up and ask her nicely, she would voluntarily transfer care to the facility closer to your home.
Good luck. If you would like me to assist you in this matter, please do not hesitate to contact me.See question
I recently asked: I am sponsoring my husband to get a green card, at the time I submitted the i864 I was employed and sent all required documents. We have an interview in 5 weeks and I am currently unemployed. What happens now? I receive...
I am sorry, but I do not know the answer to your question. This is the Workers Compensation forum for AVVO. We deal with legal rights for workers who are physically injured on the job. My strong assumption is that there is an Immigration Law forum on AVVO. You should locate that forum and ask your question there.
Good luck.See question
And pay me for the month that I was out but now my hand hurts even time I squeeze my hand and try to make force with it, can I do a law suit lawsuit againts my ex employer. At the time of the accident I was on top of a forklift without any fall pr...
You can file a claim against your prior employer. It does not matter that you no longer work there. You can file a claim within 2 years of the date of accident or 2 years of the date of last payment, usually medical care or pay for your lost time from work, whichever is last in time. From your explanation it is unclear whether the WC insurance carrier paid for you med and temp or whether the employer did so directly. If it was the employer, they can only do so if they are a state approved self-insured company, which is unlikely. If you are still experiencing problems you may be entitled to more care or money for your injuries. You should retain an attorney right away. If I can help you, let me know.See question
Hi My injury was in jan 21-2013 After six months of PT One injection my WC asked me for IME after two weeks My WC DR says I can't go back to work and asked for a new MRI To determine the surgery My questions are Can the IME dr fake the ne...
I understand your concern that WC doctor may be biased in favor of the insurance company. But if he fakes an MRI he is putting his license in jeopardy, so I very much doubt he would do that. You are still receiving medical care, so your case can not settle yet. You should retain an attorney now. He will help make sure you get the correct care and then make make sure you get a favorable settlement. If you would like me to assist you, please give me a call.See question