I had a injury that has required 2 spinal fusion surgeries and after 3 years have finally reached MMI and had a FCE. The Dr. gave me 40% disability and I have restrictions that cannot stand and walk for long periods and lifting restrictions. He r...
On my AVVO profile I have published a Legal Guide that explains why the PPD rating of 40% may not be your best option, so I will not repeat the reasons here. In fact, with those restrictions, the rating is almost certainly not going to be your best option. But you are getting into territory here where making the best decision is going to have a massive impact on your future. A wrong step at this stage could cost you a lot of money. I would strongly urge you to contact a lawyer who is a Board Certified Specialist in Workers' Compensation Law for a free consultation, and then determine whether you want to get a lawyer to help you with this now. You only have one case, so don't mismanage it at this stage.See question
I was injured at a home improvement store where I was a vendor in Oct 2012.A metal arbor and banner post slammed me in the back of my head.They agreed it was there fault.Took forever to get workmen's comp to send me to a doctor.Sent to chiropracto...
You need to gather up your paperwork and go see a workers' comp lawyer immediately. You may still have a viable claim for medical care and indemnity. It will depend on whether the claim was properly "closed" 2.5 years ago. You have 2 years from "closing" to reopen your claim, but do not assume that th "closing" was proper. That is why you need to see comp lawyer ASAP. You may also be able to file a third party action against the at-fault party if the statute of limitations has not run already. Unfortunately, you appear to have sat on your rights so far, so your remedies may be limited as a result. Good luck.See question
I was forced to step down and agree to a confidential settlement would I still be able to use eeoc to help me be fully reinstated because I was harass or do they look at this as matter solved because of the settlement
Generally speaking, the general release and resignation that you would likely have signed to settle the case, will preclude you from pursuing an EEOC claim. The Defense lawyer is not dumb enough to pay you money to quit and then leave the door open for you to evade the agreement. Hopefully your lawyer can answer all your questions.See question
I had a worker's comp case settle and had a msa set aside but need it in lp sum can I do thatt
MSAs are usually approved by CMS with the payment plan that is set forth in the proposal. There is no need to get a lump sum for the MSA if the MSA is paid as approved. Most of the time they are paid with a lump sum initial seed money payment and the purchase of an annuity that pays an annual amount to fund the rest of it. You are not supposed to use the MSA money for things outside of your case related, Medicare eligible expenses, so in an approved MSA there is really no need for a lump sum.See question
Im on WC and i only receive $1,140 a month yet I made $25.hr. I have been in a lot of pain for 4 months now and haven't worked 2wks after my accident. Now they WC/attorney want me to donate my time to Charity Inst . 8-5 mon-fri and I can barely ...
I doubt that health insurance will pay for comp related treatment in an open case. Most policies have exclusions for that. And it may be unlawful for the doctor to accept health insurance payments for a comp injury in an open case. Buoy may want to check on these things.See question
final Nerve Conduction Study. I have pain always and cannot put pressure on the inside of my palms, I have no grip strength. The claims adjuster has come up from $1500 to $2500. I have went from $23000 to $10000. Am I wrong here?
If the case is accepted, why are you settling with unresolved medical issues? Have the doctors told you nothing else can be done to address your lingering symptoms?See question
I fell over boxes in floor and filed the report with store and went to hospital still having problems now they say I need MRI and maybe surgery on my shoulder and don't have any insurance to get this done how do I get help ineed
You work for WalMart. You need a lawyer.See question
They did a drug test. A week later they let me know it came up positive. They sent a letter stating I had been terminated as of the day of the test. Now here we are they are denying the WC claim. We asked for a retest, were told it would of had to...
You won't be able to fix any of this without the help of an experienced workers' comp lawyer. The sooner you get one involved the better your outcome is likely to be.See question
My employer's insurance paid for Orthopedist appts, PT, and an MRI. I need surgery for torn rotator cuff and now the insurance company has denied my claim. I just filed for a hearing with the Industrial Commission. Do I need an attorney?
Yes. This is not a legal procedure that you can perform effectively without the appropriate legal training and knowledge. You only have one case; if you screw it up you will not get a second chance. A bad result at trial can be appealed, but whatever happened at the hearing determines whether your appeal will work or not. You should engage an experienced workers' comp lawyer. There are at least 8 or 10 very good ones in Charlotte. Before the hearing you will have a mediation, and you need legal help to prepare and value your claim.See question
My chiropractor is my physician on file but wont fill out my medco-14 for me to return to work, has done the same treatment 6 times, has not sent medical files to the bwc, continues to ask me if i have spoken with a lawyer, and says y symptoms are...
Here in NC, one of the worst things a comp claimant can do is get treatment from a chiropractor. The insurance companies don't give them any respect. You should probably talk to a work comp lawyer soon. Like tomorrow.See question