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Robert David Shapiro's Answers
- 354 Legal Answers
- 0 Legal Guides
3
Attorney answers:
What's the carrier's realistic "exposure" is if the case stays open in workers comp
Depends on many factors. Future medical costs are usually the biggest expense and this depends on what's needed and what the claimant actually uses. Indemnity can be another expense if the claimant is not receiving checks but subsequently the condition worsens and they are entitled to PTD. Administrative costs are a factor as the insurance company and their counsel must diary the file to come up for an annual review to see if the interest in settlement calls for another mediation. The...
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3
Attorney answers:
Does Florida workers comp award settlements for facial scars?
Yes, you are eligible for a settlement, but you should have a lawyer to maximize the value of your claim. Carriers do not have to settle with you but if it is in their interest to do so, they will. A lawyer will know how to make the carrier interested in a settlement. It depends on the value of your future medical care, the potential for additional indemnity for any time you may be taken off work in the future for surgery and recovery, and administrative costs, including fees, costs, etc. I...
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3
Attorney answers:
How much would be fair to ask for pain and suffering in work related injury
The bad news is that injured workers are not entitled to a penny for pain and suffering. The amount they get is based on whether they can return to work or not, and if so, whether they have a permanent impairment, and the cost of their future medical care. More bad news: until you hire an aggressive experienced WC lawyer to help you, you are at the mercy of the insurance company and their hired guns: the doctors, the nurse case manager, etc. The good news: you have the makings of a potentially...
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2
Attorney answers:
I was terminated for misconduct, but ask if I could resigned. They told me yes, but I'm having second thoughts.
They have a right to fire you even if the reason is unfair and honestly, it sucks, but they can do it. But, they would have to pay you unemployment benefits for the termination because what you did is not considered "misconduct" under the Florida Unemployment Law. I would retract your resignation and force them to fire you. You may also have a claim for discrimination based on race but you must first file a claim with the EEOC (Equal Employment Opportunity Commission). Tell them you'd like a...
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4
Attorney answers:
Once l'm released from one doctor MMI. Does the new doctor that I'm seeing call the shots.
Not necessarily. Until you get an attorney who specializes in WC, allowing the insurance company to manage your case is like letting the wolf watch the hen house. They act like they are helping you and act like they're your friend. Sometimes they'll try to scare you by saying that the only thing a laywer will do is to take your money. How do I know what they tell you is a lie? As the old joke says, because their mouth is moving! But, in all seriousness, I've represented injured workers for over...
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4
Attorney answers:
Need to hire a workerscomp attorney that will not over charge me based on statute 440.34,went to one attorneys office and it was
Not sure why you're asking for this. The law in Florida legally requires all lawyers to charge the exact same fee per 440.34 so even if you and some lawyer agree on some other fee arrangement, the agreement would be against policy and unenforceable. Lawyers in such cases receive about 10% of the amount settled for or the amount recovered in court per this law, and lawyers who handle car accidents and other negligence types of cases typically take from one third to 40% of the settlement or award....
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4
Attorney answers:
I dislocated my left shoulder at work, the worker comp doctor put me in light duty with restriction, to work during the day hour
Good advice from both of my colleagues, Barry and Ken, but I hope you realize the bigger picture and don't get lost in the trees. If this injury is serious and will result in a permanent problem, you might end up without a job and without a legal case. Trusting the insurance company and your employer and their hand-picked doctors is like letting the fox guard the henhouse! You are not entitled to any money for pain and suffering no matter how many surgeries and how bad your arm and shoulder get....
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4
Attorney answers:
Can i just find my own doctor that can treat me if i feel the doctor on my case is giving me the run around?
You are always free to see a doctor and pay him or her as a private patient. You cannot put it on health insurance since they cannot bill health insurance if it is related to a work injury. Workers comp doesn't have to pay since they are not an "authorized" doctor. You don't mention whether you have a lawyer representing you for the workers comp claim or any other 3rd party claim for negligence pending. If not, why not? If you do, what does your lawyer say about getting a different opinion...
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4
Attorney answers:
I work as a installer for a window Company and Injured my Elbow in a Fall. Had my first Surgery on my Elbow six month ago
It is a "game" with very serious consequences. When any worker has a work injury, he becomes an enemy or liability to the company. This is because he is perceived as disloyal or accident-prone and a problem for the future. So, the game begins when a work injury occurs, and the employer's WC carrier chooses doctors who "rush" the person back to light duty, minimize their problems, blame some of it on old age, arthritis, prior injuries, etc., and the carrier tells the employer to make up a light...
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4
Attorney answers:
I injured my Back in august 2010. The Doctor send me back to work Light Duty with Permanent Restrictions
Skip Clermont and go to Orlando area. Look at: http://www.floridaworkers.org/lawyer.htm#jacksonville These lawyers are board certified specialists in Workers compensation and most are aggressive fighters. Tell them I sent you and to contact me so you'll get better care hopefully. You have fallen into a common trap that employers play. Once you're injured, they offer light duty to prove that you are not disabled and after a period of weeks or months, they let the worker go. Under the WC law,...
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