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Ryan S Montgomery
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Ryan Montgomery’s Answers

312 total


  • What is a typical w/c settlement for a rotator cuff/labrum tear in south Carolina. I'm rt handed tore rt shoulder. Had surgery.

    I have a 20% impairment rating from surgeon. I'm over 50 yrs old. I'm a school bus mechanic and do a lot of lifting, pulling and pushing.

    Ryan’s Answer

    There is no typical settlement. There are many factors that go into it. How much you make per week, do you have permanent restrictions, is additional medical ordered by the doctor, age, dominant hand, the type of settlement (one leaves open medical for a year and one closes everything down), are you back to work and so on....

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  • Have lawyer that has not settle injury case. keeps saying check in mail.

    driver went to sleep with three other men on way to work. boss doesn't have coverage. lawyer keeps saying no settlement yet but has taken five vacations . when asked about settlement lawyer says soon he will have check. has been two years now. wha...

    Ryan’s Answer

    I'm not sure what answer you are looking for here as I don't see a question. It sounds like you're unhappy with your lawyer and lawyers can't correct your concerns if they don't know about them but sounds like you should direct your questions to Your lawyer

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  • Is it legal for a lawyer to take any back pay I received from workmans comp

    I was receiving 373.00 and he got it to 502.00 and the back pay was 5600.00 and he took a fee and that's what I was suppose to be getting the whole time

    Ryan’s Answer

    Simply yes. But for the lawyer it would be stuck at the lower rate. 1/3 of anything recovered you didn't have. Be thankful as it increases the ending value of your case.

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  • What lawyer do I need to sue an employer? I got hurt at work on a resident who isn't suppose to be in our facility because of

    Our facility is a residential car community. We aren't suppose to house patient who are total care patients. We have a fire alarm go off. Our first job is to get all residents safe of of the building. I smell smoke I thought the building was on...

    Ryan’s Answer

    Sounds like you need a workers comp lawyer

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  • Trouble with workers comp

    We received settlement check early this week and was told that lawyers are required by the bar to hold check for min 10 days in trust fund before disbursement. Everyone knows how bad it is financially to be an injured worker but isnt this adding t...

    Ryan’s Answer

    The funds go into a Trust Account. The interest on the money goes to the indigent fund with the South Carolina Bar I believe. The attorney does not draw any benefit or interest on those monies. If it is any consolation, the attorney's fee doesn't get cut either until he/she receives a signed Form 61 and order from the Commission allowing them to do so. This could take months so you will likely have your money well before your lawyer. Everything is on the up and up with what your lawyer is doing.

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  • Can I claim workmans comp or does my work need to pay for my medical bills. I hurt my back while lifting heavy boxes.

    Have a herniated ruptured disc. Having surgery. I didn't fill out an accident report at work because too embarrassed.

    Ryan’s Answer

    In SC you have 90 days to report the injury. The report does not have to be in writing. You can immediately report it to your supervisor.

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  • Does an attorney gets a percentage of a WCMSA

    My lawyer wants to setttle my workers comp case with a set-aside. Is he entitled to get money out of this also? He says a lot without telling me much.

    Ryan’s Answer

    No. Can't take a fee on future medical or MSA money

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  • I got my first DUI

    I didn't take the breathalyzer test but I told the officer that I had a couple drinks

    Ryan’s Answer

    What is your specific question? Most lawyers on here need info

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  • If you have a 47%, 22%wpi and a 35% impairment rating does this qualify for total disability for workers comp and ssdi.

    I have been on workers comp for 3 years. I just recently got my rating. I'm trying to figure out where I stand. Do I qualify as totally disabled?

    Ryan’s Answer

    Potentially. Do you have more than one body part injured? Permanent work restrictions? What's your age? Education level? Type of work that you've done? There are many factors so if you could give additional info. Thanks.

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  • I broke my leg in four places at work 800 pounds fell on it. Should I file a lawsuit?

    The associates had been complaining about how the parts were being setup it was dangerous. Parts fell on my leg had me pined to the conveyor belt.. broke my leg below the knee, my tibia in half, my fibula and shattered my ankle had to have surgery...

    Ryan’s Answer

    This is posted under slip and fall. I am going to tag it under workers compensation as that is what I believe it is. So in workers compensation you don't file a lawsuit. It is a claim. There are some instances when you can file a lawsuit against a 3rd party that caused your injury but it sounds like the employer set up the parts in a dangerous manner. If that is the case then there is likely not a 3rd party lawsuit as workers compensation is a no fault system....meaning you can sue your employer if they caused the injury and they can't deny your claim if you were at fault.

    Now, to answer your question....many people decide to hire a lawyer to pursue workers comp benefits because they do not know the system. There are countless times when my clients come into me and are not getting the proper benefits. Weekly checks are wrong, they don't know they can get mileage or co pay reimbursement. The insurance carrier is not authorizing all medical as recommended by the doctors etc. Most workers compensation lawyers offer a free consultation so it seems to me you would have nothing to lose by scheduling a free consultation with a lawyer. Also, I will tell you that because you have pins in your leg you are entitled to lifetime maintenance and repair of that hardware in your body which is even more reason to protect yourself.

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