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Are you asking about a settlement for your back injury? If so, the answer is "maybe." If you are able to return to work in spite of the injury, then you may be entitled to a small settlement based on the percentage of impairment that the doctor sets, after you are finished with medical treatment. If you are not able to return to your pre-injury wages due to the injury, then you may be entitled to a settlement based on the loss in your earning ability due to the injury. These things are...
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If you were under 18 when the accident occurred, and your mom was too upset to take care of business afterwards, then perhaps the statute of limitations was tolled due to the disability of your mom and yourself. You should contact a local lawyer immediately to discuss this with him or her. Do not wait any longer to get some specific legal advice. There are a number of excellent lawyers in Asheville with whom you could consult. Contact me by email if you want a referral to someone up there.
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You need to get a free consultation with one of the highly qualified workers' compensation "certified specialists" who practice here in your town. Here is the link to the list of them: http://www.nclawspecialists.gov/results.asp?SpecialtyID=1111
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You have a complicated situation. You are unlikely to be able to resolve it without the help of a qualified lawyer. I suggest you talk to a NC Board Certified workers' comp lawyer and get some specific advice. There are several very good workers' comp specialists lawyers in Charlotte. Here is the list of NC certified specialists: http://www.nclawspecialists.gov/results.asp?SpecialtyID=1111
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Well, you have posted in NC but you say it happened in SC. You can call the SC State Bar for assistance, since it happened 8 years ago. I frankly cannot understand how the lawyers could have gotten 2/3 of the money for fees, in a work comp case. There may be some other relevant facts that you have not posted.
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I agree with the other answers. But working on a ladder is not enough to give you an injury that can be covered in work comp. Did anything happen to cause your back to hurt? You would need to pinpoint a specific incident that caused your pain to increase in order to bring that into workers' compensation.
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I think your state legislature created this mess for you a few years ago when they made big changes to the California work comp laws. So feel free to complain to your state representatives. They can fix it for future injured workers by cleaning up the current mess. Having said all that, I think you should be able to talk to your lawyer. But please remember that your lawyer will be pressed for time and try to be very organized when you do talk to the lawyer. Most lawyers in comp...
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Was he released to go back to work "full duty" or "with restrictions"? That is a key. If he has restrictions and they fire him then he should be eligible for TTD in the work comp case. And, it sounds like the firing would come not from the temp company but from the company to which he is assigned. The answer about the REDA law may also apply, but it is hard to win those claims. He should immediately file the paperwork for a comp claim and request his employment file in the comp case...
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NC law provides that a hernia is covered in work comp if it 1. There was an injury that resulted in a hernia, and 2. the hernia or rupture "appeared suddenly" and 3. the hernia appeared immediately after an accident or a specific traumatic event. Lifting a heavy item can qualify as a specific traumatic event. And 4. The hernia did not exist before this happened to you at work. NCGS 97-2(18)
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If your attorney is experienced and knowledgeable in workers' compensation, he or she will be able to answer your questions. Write down your questions and set up an appointment to meet with your lawyer. Take you list of questions in with you so that you do not forget anything. Good luck.
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