Joshua Albert Carroll's Answers

Workers comp investigation question

Your friend should most definitely tell his attorney. The attorney is hired to protect your friend's best interests. An attorney is at a distinct disadvantage when a client withholds important information such as this.

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Am i required to tell the buyer of my car that it has a salvage title? Georgia.

The title will almost always state "salvage" or something similar on its face. I would be worried that if you did not tell the buyer about the salvage title, the buyer would come back on you and claim you materially misrepresented the condition of the vehicle. By selling the vehicle and not disclosing the title status to the buyer, you could be opening yourself up to potential liability. Before you sell the vehicle without disclosing this fact, I would consult a Georgia attorney who can...

Should I and what is the process for having an injury for which I am receiving WC classified as Catastrophic in GA.

I would strongly suggest that you contact an attorney who handles both workers' compensation cases and general personal injury cases to review your facts. I assume from your question that you are asking about the process for having your workers' compensation claim deemed "catastrophic" under the workers' compensation laws. Additional facts are needed to properly evaluate your case, such as the nature and extent of your disability and whether a physician has provided an opinion regarding your...

How do I reopen my California Workers' compensation claim?

You should contact a California workers' compensation attorney immediately. The longer you wait, the more of an adverse effect it could have on your ability to protect your rights.

My husband was training overseas for a US company. He was injured & still hurt, put on pain meds, & ultimately fired. HELP

I wish I had run across your posting earlier. Hopefully, by now, you have acted to find an attorney to assist you with this matter. If you husband was hired by a Georgia company, or if a part of his contract for hire (or the hiring process) took place in Georgia, there is a good chance he is entitled to continuing workers' compensation benefits. I suggest that you contact an experienced workers' compensation attorney immediately, if you have not already done so. Please contact me if I can...

Cut my foot severly at a gas station..had sandals on..what should i get for pain and suffering from insurance?

Your monetary compensation to pain and suffering, and the gas station's liability to you for your injury, depends on several factors. First, you must prove that the gas station knew, or should have known, of the hazard as it existed. Typically, creating a "question of fact" as to the gas station's knowledge may be enough to persuade the insurance company to make you a settlement offer. In my opinion, your strongest argument that the gas station had knowledge of the hazard is the fact that...

Is weekly compensation paid according t the accident date, or when the compensation benefits actually began being paid?

As I understand your question, you are asking if you are entitled to weekly benefits beginning on the actual date your accident took place, or whether it is based upon the date the workers' compensation insurance carrier actually began sending you checks. The answer to this question depends on whether a physician deemed you disabled as of the date of the accident, or whether your disability began some time after your actual accident date. If your treating physician's opinion is that your...

Can I sue on behalf of my child for personal injury and emotional stress?

Yes, as your child's natural parent and guardian, you may file suit on your daughter's behalf. This is likely an intentional tort (I would allege battery and intentional infliction of emotional distress, at first glance), which may give rise to punitive damages if proven that the man intended to inflict harm upon your daughter. Aside from the potential for punitive damages, you may also seek "special" damages for any medical bills your daughter may have incurred (or other related out-of-...

What kind of case do i have.6v88y

If you indeed have silica poisoning or are suffering from some ailment caused by your exposure to silica, you may have a claim for workers' compensation benefits under the legal theory of "occupational disease." Typically, an occupational disease claim must be filed within one year of the date you "knew of, or in the exercise of reasonable diligence, should have known" that your breathing condition was a result of your working conditions. As a general rule, there are five elements that must...

Is there a maximum time limit for being on workmans compensation

Depending on the nature and extent of the injuries involved, a workers' compensation claim can potentially remain open for the entire life of the Claimant (and sometimes beyond the Claimant's natural life, if the Claimant dies as a result of work-related injury). However, unless an employee is deemed to have a "catastrophic injury," income benefits (weekly checks) owed in a workers' compensation claim are typically limited to either 350 total weeks or 400 total weeks. Where an employee has...