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Thomas L. Holder

Thomas Holder’s Answers

189 total


  • I found a attorney to represent me on a workers comp case. He took my case and I never heard from him again.

    Workman's comp says the case was taken off the doc by the attorney. The attorney won't call me back is never in his office or just won't answer the door.its a statue of limitations on my case.

    Thomas’s Answer

    I would schedule an appointment to see your attorney. You can always switch attorneys. The attorneys will divide the 25% fee. I would try to meet with your current attorney first. You are right to be concerned about the Statute of Limitations.

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  • I need to see another Doctor (workers comp).....

    I just want to know if I can get a second opinion on my own(see my own doctor). I feel like my back injury has worsened. However, I'd also like to know if I can somehow use it just in case the workers comp doctor tries to tell me something differe...

    Thomas’s Answer

    You can see your own doctor but you would have to pay for it. I would suggest you try to get a second opinion from a doctor on the panel of physicians that should be posted at your employer.

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  • 7 days total or 7 days consecutive?

    I know you have to be out of work for 7 days to file a claim for workers comp benefits, but is it 7 days total or do you have to be out 7 consecutive days? My doctor will be giving me 7 days off, but they're not consecutive

    Thomas’s Answer

    You can file a claim now. You could be eligible for some pay differential if you are out on random days. You need to be out for seven consecutive days to be eligible for benefits for full wage loss.

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  • Ready to move on...

    I'm currently on light duty at work for workers comp. I'm basically just ready to sue and move on. Can i file a claim and/or sue while I'm on light duty? Or do i HAVE to be out withdrawing benefits?

    Thomas’s Answer

    • Selected as best answer

    i would encourage you to file a workers' compensation claim immediately. You can settle a case while on light duty However, your working light duty will reduce the value of your case. I would encourage you to speak with a lawyer before making any moves.

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  • I had a court date for my workman's comp case and my attorney never even e mailed me or called to let me know,

    I called and ask her secretary why I wasn't notified and I was told they don't have to tell me when there are court dates, is this true

    Thomas’s Answer

    While there is no legal obligation for the attorney to have notified you, I would consider it to be unprofessional to not notify you about the court dates. I am also surprised at the secretary's response to you. I would try to speak directly to the lawyer.

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  • Serious Back pain...(workers comp injury)

    I hurt my back at work, with serious injuries. I have 2 herniated discs, one on my spinal cord, and three bulging disc on my thecal sac w/spinal stenosis. My workers comp doctor would not take me out of work completely, gave me light duty. It hurt...

    Thomas’s Answer

    You can try to say that the visit to the ER is an emergency but the better course of action would be to either go back to the doctor who has been treating you or use your one free switch to another doctor on the Panel of Physicians. Your adjuster should give you the other names of the doctors on the panels.

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  • Does disability pension/social security disability exempt someone from paying restitution?

    if the person's ordered to pay resititution to the state, can that restitution be waived if the individual only receives social security disability or a disability pension? i read somewhere that it is possible, but i can find the definitive answer...

    Thomas’s Answer

    I think you should discuss this with an attorney who specializes in Social Security law.

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  • Attorney fee a workers comp lawyer can charge

    Is there an upper limit a workers comp lawyer can charge the injured worker? Say the case is settled for $10K, $8K is for future medical expanse and $2K is for future lost wage. Can the lawyer charge 25% of both or only 25% of the future lost wage...

    Thomas’s Answer

    The lawyer is able to charge 25% of the entire settlement unless some of the money is specifically allocated for medical, which generally does not happen. The lawyer will not be able to get fee for the weekly benefits if you started getting them before he came on the case.

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  • Workers comp case, recently fired attorney but deposition and hearing set. I want to know can I request an extension?

    Defense attorney has everything pertaining to my claim and I'm without counsel can I request an extension to prepare! Counsel released 3-23-15, deposition set 3-31-15, can I ask for an extension to hire an attorney? What will happen if I miss the...

    Thomas’s Answer

    I would call the other lawyer for an extension and immediately try to hire another attorney.

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  • Does workers comp have a claim on the proceeds from a personal injury case against the building management?

    I have a workers comp case. I am to sue the building owner (personal injury case). Two conflicting theories: Theory 1, workers comp has already done investigation and may want to sue the building owner too, therefore, I should cooperate with worke...

    Thomas’s Answer

    You would have a claim for all $100. WC would try to file a claim for subrogation but they will not get all of its money back. Your attorney should be able to protect you. I would not proceed without an attorney.

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