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Rafael Omar Gomez

Rafael Gomez’s Answers

136 total


  • Workers Compensation Claimant's Medical rights:

    Claimant is diagnosed with severe Carpal-tunnel and tendonitis. Carpal-tunnel surgery was done on both left and right hands; however, pain and discomfort persists and increased. Treating Comp doctor request further testing i.e. EMG, while, patien...

    Rafael’s Answer

    Your medical treatment and the tests ordered are between you and the providers. Your attorney only works with the facts given and cannot request a treatment for which there is no medical support because the Board will deny it. I suggest you discuss your situation with your attorney, and if you do not have one, then get one. If you are not happy with the advice of your medical provider you can go get another opinion.

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  • Advice on How to Go about it

    I believe I have work-related Plantar Fasciitis (been working in same factory for over 20 years). Have notified employer of my condition of pain and have asked if I could file a claim so as to see a doctor. Employer forwarded my query to the car...

    Rafael’s Answer

    Your circumstances will be determined based on the opinion of your medical provider and whether or not the condition is deemed to be a work related injury. I recommend you go see your doctor as soon as possible and describe everything that has happened with the condition. Also, schedule an appointment with a Workers' Compensation attorney to discuss how you can file a claim. If your doctor states it is related then your attorney can work with you to ensure it is filed correctly.

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  • Do I have a any case?

    I was injerd at work because they had me working on my tip toes to reach a lever. My hand got cought crushing to fingers I had 6 stitches to put my one finger back together. I was drug tested and 10 days later I was fired for failing the post acci...

    Rafael’s Answer

    Based on your facts you do have a valid Workers Compensation case. You should consult with an attorney to discuss this and the circumstances surrounding your termination.

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  • Should I take a lump sum pay out on my medical section 32 for all my prescription (5) an,16 + visits to doctor a year.

    Should I take a lump sum pay out on my medical section 32 that they pay till I am 62 ?will thay figure my 5 med I get a my doctor visits their three of them I see them16 times a year .how do they get their bye out figure .”

    Rafael’s Answer

    A section 32 is a settlement of your claim. There are many factors that weigh into what advice you will be given. You should schedule a meeting with your attorney and determine what works best for you. If you are not happy with your lawyer then you can select a new lawyer without any additional cost to you.

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  • I HAVE RECEIVED A NOTICE OF PRE-HEARING FROM NYS DIVISION OF HUMAN RIGHTS. The accusations are false.

    I HAVE RECEIVED A NOTICE OF PRE-HEARING FROM NYS DIVISION OF HUMAN RIGHTS. the accusations are false yet they are willing to settle. no one was violated yet the complainant is willing to dismiss if i agree to pay. I refuse to admit guilt to somet...

    Rafael’s Answer

    It sounds like there was a finding of probable cause and the matter has been remitted to a hearing. Your situation requires more facts to get a better understanding of what is to come for you. Right now there will be a settlement conference by telephone, and if the case cannot be resolved it will be scheduled for a hearing. The hearing is basically a trial on the issues of your case, and it sounds like you are the respondent. Depending on the type of case there are a number of things which can happen, including a monetary award to the claimant. You should consult with an attorney as soon as possible to assist in putting forth your defense.

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  • What would be your advice on looking for personal injury attorney in NY - talk to attorney one after another or in parallel?

    I am looking for personal injury attorneys, in Rochester NY area. I think the effective way for me is to contact several (3-4) firms (without disclosing voluntarily to each one that I am also contacting others). But I am not sure if it is good way...

    Rafael’s Answer

    A great start is to ask friends and family if they have any recommendations. After that, if no one comes up, then schedule an appointment with a few different attorneys and select the one you feel most comfortable with based on your situation and how he or she says the case will be handled. Most lawyers will provide a free consultation in person or over the phone to talk about your potential case.

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  • I work for CP Rail and my employer is fudging our pay stubs, some people in upwards of $30000. What can we do???

    I think it's to bring operating ratio down and drive stock price up .... Please help

    Rafael’s Answer

    There are specific New York and Federal statutes which govern payments to employees and reporting requirements. More details about your situation are needed to properly advise about the possible legal actions available to you and other employees. Consult with an attorney as soon as possible to determine what is the appropriate action.

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  • Should I get a lawyer?

    I was working for xerox. I'm 7 months pregnant at the time and end up being hospitalized with a kidney infection. Had to sit in the hospital for 4 days straight. I called the xerox attendance number everyday to let them know I was in the Hospital....

    Rafael’s Answer

    The Pregnancy Discrimination Act (PDA) protects women in your situation from adverse employment actions such as what occurred. It sounds like you may have a viable claim, but there are certain requirements to qualify for protection under the act based on your position and the size of the employer. Consult with an attorney as soon as possible to discuss your various actions, which may include filing a complaint with the EEOC or with the NYS Division of Human Rights.

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  • Am I in Legal trouble?

    I gave a notice of resignation to Company A on August 4 for 10 days after I got my offer from Company B. The manager pointed out that as per Company A employment agreement signed by me, I have to give a 45 day notice. But the same agreement also m...

    Rafael’s Answer

    Your situation seems to be contradictory. If you had an employment agreement then there are contractual terms therein which govern your position. At will employment is the typical position for employees which allows the employer to let you go for any reason, or no reason at all, as long as it is not discriminatory. You should consult with an attorney who can review your agreement to better advise if there are ramifications to what you are proposing to do.

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  • I had a bad accident. They did tests on me and charged me with a dwi but I passed the breathalyzer. I just got out of the car

    Not to mention it flipped and rolled and I should've been dead going 60 into the ditch. End of the ditch. They made me sign a toxicology report with me barely knowing where I was or what I was even signing. I was unconscious from the crash. I wasn...

    Rafael’s Answer

    You have a rather complicated situation. You need to retain a criminal defense attorney who can help you as soon as possible.

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