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Carol W. Allen
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Carol Allen’s Answers

9 total

  • How long after the defense says they are wanting to go to mediation, do they take?

    I had a deposition on Dec.5 to which they said they wanted to settle and would be willing to go to mediation. Now 3 weeks ago they contacted my attorney and said they were wanting to go to mediation to settle.My hearing is Feb.5,how late will they...

    Carol’s Answer

    Without knowing more about your case it's hard to say, but most likely they are not necessarily "holding out." Rather it is probably an issue of logistics - the other attorney may be waiting to get settlement authority - money- before scheduling the mediation. And the time frame you mention probably comes into play. The month of december is tough because many people take vacation during the holidays, so the other attorney and/or the insurance adjuster may have been out for a couple of weeks, thus delaying the process of obtaining settlement authority and actually scheduling the mediation. Even once a decision to mediate is made, the attorneys still have to choose a mutually agreeable mediator, and then find dates which work for both attorneys and the mediator. That process can take some time.

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  • Injury on job

    Returning to work. Dr realsed me from worker comp case. U can go back to work. What steps I must take?

    Carol’s Answer

    I agree with the other attorneys who have responded, in that more information is needed. I would also recommend seeking advice from a workers compensation attorney. Depending upon the specific circumstances of your case, you may be entitled to change to a new doctor, and/or get an opinion regarding your medical condition from an independent doctor. If you have been released to work but are still on restrictions, and your employer cannot accommodate those restrictions, you may be entitled to income benefits. If your employer can accommodate the restrictions, but for fewer hours than you were working before your injury, you may be entitled to income benefits. Once again, however, because so much information regarding your case is lacking, I would strongly encourage you to talk to a workers compensation attorney.

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  • Reinstatement of workers comp benefits

    I was injured in a car accident that was work related in November 2012. Workers comp and a lawyer were involved in the proceedings. I have degenerative disk disease in my neck and lower back as a result of the accident. When I settled the case ...

    Carol’s Answer

    I would recommend consulting with a workers compensation attorney. You may very well have simply settled the claim with the other driver. Sometimes workers compensation adjusters will say a claim is "closed" just because there has not been any activity in the claim for a long time - no doctors visits, no income benefits, etc. It does not necessarily mean your case has settled. This could certainly be the case here, since you did not believe you had settled your case. A workers compensation attorney can help you determine the exact status of your case and recommend how you should proceed.

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  • Is there any workers comp pro bono attorneys in Ga,

    Can't get a attorney to take this worker's comp case because owner didn't have insurance and attorney stand a chance of never getting paid.

    Carol’s Answer

    Contact the Atlanta Bar Lawyer Referral Service, 404-521-0777. They will refer you to a workers compensation attorney who might take your case.

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  • Injury on job

    I work at mickyd (MCD) and I work 10p to 6 am.. As I was bringing tea up to fill up our tea the carriage tipped over I fell followard fractured leg. I can vearlt.y walk . Dr put me in boot w 1 wk min off. I now missing 1 wk pay 160.00. What I do...

    Carol’s Answer

    You are entitled to medical and income benefits. It is unclear from your question if the employer's insurer is paying your doctor's bills, but it should be. Once you have been out of work for 7 days, you are entitled to income benefits in the form of a weekly check. You are also entitled to mileage reimbursement for your travel to and from any medical appointments related to your claim, such as doctor's visits and trips to the pharmacy. It is good you reported your injury to you manager, but you should have heard from the insurer by now. Be sure and give your manager the "out of work" notice from the doctor and ask your manager about workers compensation benefits. I also recommend you consult with a workers compensation attorney.

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  • Why should I hire a lawyer in a WC case if I can't get pain and suffering?

    Both heels crushed heavy plates and pins in both feet. Wheel chair for months.

    Carol’s Answer

    While you are correct, you cannot recover for pain and suffering in a workers compensation claim, there are many benefits you are entitled to in the workers compensation system which you may not be aware of/receiving, and these benefits can equate to a significant sum. A workers compensation attorney can help you pursue and obtain all the benefits to which you are entitled. A workers compensation attorney can also relieve you of the responsibility of having to deal directly with the insurance adjuster, an experience which can be especially trying where a serious injury and long term care is involved, such as the one you have experienced. Frequently, as time passes in a claim the adjuster becomes more and more difficult, and it helps to have someone on your side who knows the law. Should you decide to settle your case, a workers compensation attorney can also help you maximize your settlement. I encourage you to at the very least consult with a workers compensation attorney, as such a consultation is free.

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  • Do I have one case workmen comp or more?

    I have a case where I slipped at a third party logistics distribution center, working as a temporary employee for two years. Before the injury the Director of the company and the Human Resource Manager verbally promised that I will be hired and I ...

    Carol’s Answer

    The Temp Service is your employer, and your workers comp claim (for the disks) would be against them. You would not have a workers compensation claim against the logistics distribution center. It is common for employers to give employees "problems" after they suffer an injury and are on work restrictions. I encourage you to seek representation from an attorney who specializes in workers compensation. You may have a third party claim against the distribution center. I would encourage you to seek advice from a personal injury attorney regarding that claim. You were not actually employed by the distribution center, so it would not be possible for them to "let you go." I would recommend consulting with an employment attorney regarding their failure to follow through on the promise to hire you.

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  • Can I receive compensation for work related trauma?

    I'm a psychiatric nurse, that has worked in my previous position three years. I was attacked, assaulted and threatened by patients on many occurrences. I was assaulted by a male pt over a year ago and I still have nightmares about it as it were ye...

    Carol’s Answer

    You may have a claim under the Americans with Disabilities Act (ADA) if your doctor placed you under restrictions and you previously notified your employer of those restrictions. You should consult with an attorney who specializes in ADA claims. You may also have a workers compensation claim for the latest attack. There is a one year Statute of Limitations in an unaccepted workers compensation case, so I would recommend that you seek legal counsel as soon as possible, specifically from an attorney who specializes in workers compensation.

    Carol W. Allen, Esq.
    678-615-7335
    1720 Old Spring House Lane, Suite 310
    Atlanta, GA 30338
    carol@carolwallenlaw.com

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  • I have a workers comp mediation, can I take my ten year old son

    WC

    Carol’s Answer

    You can certainly take your son to the mediation. Be aware, however, that mediations can be long and boring and he may be confused and possibly distressed by the discussions taking place. If you must take him, I would recommend taking snacks for him as well as any favorite electronic games/magazine/books. You might also want to bring another adult/family member who could take him out for a walk should he become restless.

    Carol Allen
    Attorney At Law, LLC
    678-615-7335

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