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Seth M. Bernanke

Seth Bernanke’s Answers

72 total


  • Mediation for Workplace Injury and Not sure if I am getting the best deal...

    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...

    Seth’s Answer

    I have changed your question to workers' compensation. You have a real need to consult with an attorney who specializes in workers' comp. You are not entitled to both the 40% and the 500 weeks, it's an either/or situation, based on the information you have set out above. It may be that you will be entitled to more than 500 weeks of benefits. It is possible that you may be entitled to life time benefits. If you are unable to return to work, you may also be eligible for Social Security Disability. How that interacts with workers' comp is a complicated situation full of pitfalls. I strongly recommend you consult with an experienced attorney, most of whom will talk to you about your case for free.

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  • Cancelling a retainer for services not needed

    I am on Worker's Comp. When the incident first came about, I was threatened etc.. by insurance/job. I had an hour consultation on the phone with a lawyer. The lawyer agreed that a retainer was needed. Since then, the insurance has changed it's...

    Seth’s Answer

    He may be talking about the contracting retaining him to represent you. It would be worthwhile to meet with the attorney to see what he thinks he can do for you in order to earn a fee in the claim. That may involve increasing your benefits by checking your wages, obtaining better medical care or simply negotiating the best deal to settle the claim when you're ready to do so. If he is not able to convince you that his representation is still needed, send him a letter terminating the relationship and asking for a copy of your file. If he is unwilling to send the Industrial Commission a motion to withdraw from your case, then you may need to talk to the Mecklenburg County Bar to have them intervene.

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  • I had cervical surgery; I ended up with Horners Syndrome. I am a maintenance mechanic 2, and the not sweating part is about to

    cause me to possibly lose my position with the company, as I get sick as a result of overheating. The company has taken me from a 12 hr shift to an 8 hr shift. It is helping, now that I know what I am dealing with, but I am still losing time at wo...

    Seth’s Answer

    Your best remedies relate to workers' compensation, if the injury that caused the need for surgery occurred at work, either through an accident or occupational disease, as others have said. If the surgery was not needed due to your work, you may need to consult with an attorney who focuses his or her practice on medical malpractice to see if you have a claim for that. In any event, you should consider formally requesting a "reasonable accommodation" for your disability. The company should work with you to work around your physical problems so that you can keep your job. If they demote you or fire you, you may want to consult with the Equal Employment Opportunity Commission (EEOC) to make a claim for disability discrimination.

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  • DO i need a lawyer?

    I slipped on ice that was slightly dusted with snow. I walked from my car with a demo case and slipped on the ice. This broke my left fibula November 18th 2014. I have had surgery on it and now i have a plate with 8 screws that will remain. I ...

    Seth’s Answer

    You may have a workers' compensation claim. You didn't give enough facts to determine whether you were on the job working for an employer that should be covered by the Workers' Compensation Act. If so, this would entitle you to payment of all medical expenses, 2/3 of your average weekly wage for your time out of work, and a disability -based payment at the end of the claim. This is much easier to pursue in NC than a third party civil claim against the store.

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  • Away on vacation in Florida From NC- I slid off toilet that seat was not attached to in national store chain and hurt my back.

    After the fall, I cleaned myself. I spoke with the assist mgr on duty. I showed him the toilet seat that was not only attached but there was no hardware to reattach and apparently was just placed. I took pictures. the other toilet stalls seat was ...

    Seth’s Answer

    It sounds likely that you have a claim against the store for your medical expenses, pain and suffering, and lost wages. The claim will probably have to be brought in Florida. Try looking for a Florida personal injury attorney here on Avvo.

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  • I really don't want to sue my friend. Should I??

    My daughter got in the bucket of a friends tractor with other kids. She (my friend) drove it into a tree and my daughters leg snapped in 2 places, her foot got smashed and is sprained and she had a huge deep cut in the back of her calf. She had su...

    Seth’s Answer

    Your friend's mother is likely to have some form of insurance coverage that will compensate you for your daughter's medical bills and your daughter for her pain and suffering. This money may help her pay for college or other training in the future. Would making an insurance claim against your friend's mother's insurance can damage your friendship any more than this injury already has. If she has insurance, this injury is exactly what the insurance is for. This money either goes to you and your daughter or it stays with the insurance company. Which is the better result?

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  • Can I sue I layed in bed for months lost everything I had need help

    I was injuried on the job on June 28'2014taking injection for back and now had a radio freq nerve block,spine still hurts and had surg on right hand,due to an injury

    Seth’s Answer

    You are likely due weekly benefits equal to 2/3 of your average weekly wage, all your medical bills paid in full and various other benefits. Call a board certified workers' comp specialist for a free consultation. I have changed this to workers' compensation, as that is more likely the correct practice area.

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  • Is workman's compensation the same as a personal injury settlement

    Fell at job...the case is about to close...being offered a compensation...however per person handling workman compensation I am deemed disabled so thinking about getting personal injury attorney but do not know if that is same as the workman's com...

    Seth’s Answer

    If you are currently disabled, it may not be reasonable to settle right now. "Disabled" under workers' comp means you are unable to work. You may also have a personal injury case against someone other than your employer, as the other lawyers have stated. Don't rely on the insurance adjuster to explain your rights to you, because they won't.

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  • I have an open Workers comp case from CA. I now live in NC. To settle do I need a firm licensed in both NC and CA?

    In 1990 I was injured at Lockheed Martin. Between 1990 and 95 I underwent non-surgical treatments including lots of Cortisone shots. In 1995 I had an L-5 S-1 Laminectomy, Discectomy. The surgery failed. I then underwent more shots, test, etc. wit...

    Seth’s Answer

    You definitely need a CA attorney to settle the case. However, the CA attorney may wish to associate someone in NC to help with any treatment issues, or to find and hire a Life Care Planner or other expert, such as a home accessibility expert, who can help evaluate the claim.

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  • If you have Health Ins and it want cover preexistence conditions can you file for the medical part of an settlement.

    if you have Health Ins and it want cover preexistence conditions can you file for the medical part of an settlement for workers comp or do this not apply in either case by that I meant weather the health Ins cover preexistence or not you just can...

    Seth’s Answer

    You should file a workers' compensation claim. If your injury is covered by workers' compensation, treatment should be paid 100%, as opposed to health insurance, which has copayments and deductibles. If you settle your claim, it will be important to have a qualified attorney review the health insurance policy to help determine whether your future medical treatment will be covered.

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