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Charles Welling O'Donnell
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Charles O'Donnell’s Answers

133 total


  • Re-injury after settlement of VA Workers' Comp Claim

    My husband settled a claim a few years ago for permanent partial disability after tearing his rotator cuff at work which required surgical repair. He recently started having more pain and thinks he has re-injured and/or exacerbated the original i...

    Charles’s Answer

    BEFORE your Husband makes any appointment or even talks about his condition to anyone, please have him call a Claimant's Virginia Workers' Compensation lawyer.... A ten minute call will guide him in the right direction. It will be important to know how "recently" he re-injured and/or exacerbated his condition, and how that happened. Also: he should have any paperwork regarding his compensation case with him when he calls- as Mr. Sweeney rightly pointed out- lawyer will need to know if your husband resolved the claim by a complete settlement or was just paid for his permanency with medicals remaining open. Important time limits apply. Call or email a lawyer today! Best- Charlie

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  • Work men comp check stopped after Dr. Sent me to work with restriction to see if I am able to work, and my employer fired me.

    I work for an engineering company in Virginia, I was in DC inspecting trench, ( a third party contractor also working on my site hit me at work by a Crain carrying shoring), I had several fractures, after 8 months I requested my Dr. to allow me to...

    Charles’s Answer

    You really need to speak to a claimants Virginia workers compensation attorney immediately. There is a lot going on in your question. Benefits suddenly stopped; taking suggestions from Nurse Case Manager; Not at MMI, etc. TODAY, there needs to be two things you do before noontime. You need to call the commission in Richmond and find out if you have been issued an AWARD (just give the customer service agent your name, social security number, date of accident and employer name); and then the commission will tell you yes or no to existence of award... Obtain from them the Jurisdiction Claim Number (write it done carefully including all zeros) and then, (2) CALL A Claimant's Virginia Workers Compensation Attorney. Please do not reveal any more information about your case or what you intend to do to the nurse case manager. Best of luck. Charlie

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  • Did my workman's comp lawyer screw up?

    I injured my hip in 2011. Had an IME in Jan. 2012. Employer accepted my claim. I received benefits & surgery. Continued to have problems & underwent a 2nd surgery with a new doc. Employer disputed the surgery but I won at hearing. 2nd surgery didn...

    Charles’s Answer

    I am sorry this turned out for you this way- the reality is that the Commission typically permits one medical examination per year, per medical specialty--- cases go to hearing because the parties don't agree and the medical evidence is in conflict. This is what judges/deputy commissioners are for- to adjudicate disputes... Based on this information alone, This does not mean that your lawyer "screwed up"... It just means that based on conflicting medical evidence, a judge made a decision and it did not go your way. If there is more information you may have about your lawyer's work on your case, you could investigate it more--- but based on the facts in your question--- that is not enough to say there was malpractice. Best
    Charlie
    Best
    Charlie

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  • Should I be looking to hire an attorney?

    I recently sustained a lower back injury do to heavy lifting at work,went to the emergency room as well as a patient first in which case was given restrictions and told to see a specialist.. Not sure if my claim is accepted or not but I haven't he...

    Charles’s Answer

    First; don't give any any any recorded statement until you have spoken to a qualified workers compensation lawyer - do that today! Not everything that happens at work is cover by workers compensation. You must show that it was caused because of your work, and that you had a sudden onset, sudden mechanical change in the body--- not something gradually incurred. Please contact a claimant's workers compensation lawyer today.
    Wishing you the best -
    Charlie

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  • If a dr lies on your medical records then the hospital agrees to fix it but only partially fixes it then threatens you to stop

    If they agreed to fix something but only did it partially and when you went to them for 8 weeks asking it to be corrected then they suddenly refuse to help and hire a lawyer to verbally assault and threaten you is this legal

    Charles’s Answer

    You have not given enough facts to provide a general direction to approach the problem. Certainly as a patient, you have rights under HIPPA. The accuracy of your medical records can be very important.... Use AVVO and locate a lawyer who could assist you. I would suggest you contact your own lawyer before engaging with the healthcare providers' attorney further.
    Best
    Charlie

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  • Can I sue my employer?

    I tripped on a raised piece of carpet at work that is now going to require me to have surgery to repair tears in my shoulder. The fall has also caused an injury to my left elbow and PT hasn't worked. My employer also has not replaced/fixed the c...

    Charles’s Answer

    While these cases are fact specific, it sounds like you have a valid Virginia Workers' Compensation claim--- do not give any recorded statement or trust any insurance nurse that may suddenly show up to "help" you with your medical appointments... Use AVVO and locate a qualified claimant's workers compensation lawyer--- please do not try to handle this on your own.
    Best
    Charlie

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  • Do I need a workers comp. lawyer, personal injury lawyer or both?

    January of 2014 I was involved in a single vehicle accident do to icy road conditions. I was at work in a company owned truck. The seatbelt in this truck had been broken for months. Although I had written this up on a maintenance log several times...

    Charles’s Answer

    Depending on a few more facts, sounds like you need to have a face to face with a Virginia workers compensation lawyer. You can use AVVO to locate a qualified lawyer in your area to help you. While there are some exceptions, if your employer has workers compensation coverage, likely that your claim will be under workers compensation, and not a circuit court - personal injury matter. Go speak with a lawyer quickly, before giving any recorded statement.
    Best
    Charlie

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  • I slipped and fell on ice on the parking lot at work I broke my leg and have to stay in bed till it heals

    Is my employer responsible for paying medical bills and pay my time off since the accident happened because they did not treat the area and it was dangerous

    Charles’s Answer

    Parking lot slip and fall cases are very fact specific, in terms of whether you would be considered in the course of your employment and the fall arising out of your employment.
    You may, have a valid Virginia workers compensation claim. I strongly recommend that you speak with a Worker's Compensation lawyer, before giving any recorded statement!
    You can use AVVO to find a qualified claimants Worker's Compensation lawyer in your area.
    Best
    Charlie
    703-917-4115

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  • My Man went to a Major Medical, he slipped n Fell. They did rays sent him back to work. Leg became worse, now they want operate

    They didn't look at his Xray well. Now, they will not let him work. If he does he will mess up his leg more and his leg will only get worse. When they released him to go to work he was working for about a month. He kept begging them to do a MRI. ...

    Charles’s Answer

    I am not sure what the question is you have about this injury- but if your significant other was injured while at work and because of the nature of the work, he should immediately contact a workers compensation lawyer. Most of the Virginia workers compensation lawyers on this site will provide a free initial consult- you can use AVVO to find a northern Virginia workers compensation Claimant's attorney to discuss this matter.
    Best
    Charlie

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  • I am a dialysis patient in December of last year my fistula was having a problem narrowing and I needed a fustulagram to open it

    up my normal surgeon was on vacation so my Davita center recommend I go to there doctor so I went and he performed the procedure my forearm swelled to twice its size so I went to my surgeon who was back from vacation he had to go into my arm where...

    Charles’s Answer

    From the facts that you provided, it sounds like you have a physician that will help you establish that you suffered a breach of the standard of care (medical malpractice). Special time limits and procedures apply to malpractice actions- please do not try to do this alone--- get an experienced medical malpractice lawyer right away. You can use AVVO for a lawyer locator.
    Best of luck.
    Charlie

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