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Justin High

Justin High’s Answers

70 total

  • I was in car accident (other drivers fault) injuring my spine for life and my atty is offering $95,000. Is this a fair number

    I am unable to hold a job longer than a third of an * hour day. I am in pain every day, live on meds, and was told i am unfixable. can't run, lift or jump ever again. need $7'500 worth of injections a year, chiropractic work and massage. After I p...

    Justin’s Answer

    The best advice anyone here can give you is to have a frank, honest discussion with your attorney. S/he needs to know you are concerned about the amount of the settlement. I think you'll feel better once you have an understanding of the issues. One of the issues might be coverage. Nebraska doesn't require much by way of insurance limits and if the person that caused your injury has liability limits of $100K, then $95K is a very good settlement, assuming they have no decent assets.

    There's a lot that goes into the evaluation. Just talk to your lawyer. Ask questions until you're satisfied. S/he works for you, not the other way around.

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  • Settlement amount for injury from collision with farmers cows out of their pasture on the highway.

    Around midnight traveling home from babysitting on hey 35 encountered approximately 10 cows on the highway. A vehicle kept flashing their lights coming from the other direction but I thought they were trying to tell me that I had my brights on. ...

    Justin’s Answer

    Based on your question, it sounds like you're near the end of your claim and the insurance company wants to settle with you. Here are a couple of things to think about:

    1. Is it time to settle? This is usually determined by whether or not you're done treating for your injuries. If you're still seeking care, I don't think it is time for you to settle yet.
    2. If it is time to settle, has the insurance company gathered all of your medical bills? Is there a primary health insurance carrier that has paid some of those bills? If so, they have a subrogation interest that needs to be taken into account.
    3. What is the total amount of the medical bills you've incurred without the insurance deductions?
    4. Have your doctors rendered any opinions about your permanent impairment?
    5. What other factors might make the value of the claim go up, ie pain and suffering, lost wages, loss of consortium, etc?

    If you want a "shoot from the hip" valuation, these claims are usually calculated by taking the total amount of medical and multiplying by three or four. So, if you had $10K in medical, you're looking at a settlement of $30K or $40K. Of course, the insurance company isn't going to want to pay that, but that's what an attorney can do for you.

    Feel free to contact us with any questions. Good luck!

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  • Do I need an Attorney?

    I hit my head at work on my desk in April...Workers comp paid until the Mri came back then was denied as I have a Suedo-Tumor of the brain and optic nerve damage in my right eye. I never had issues before this now I wear glasses, sensitive to sunl...

    Justin’s Answer

    Based on what you've said, I believe you have a case. If you have a pre-existing condition, and that pre-existing condition is "lit up" or aggravated by a work related injury, then you have a case.

    What you are describing sounds to me like a mild traumatic brain injury. An MRI won't definitively rule out a mild TBI, and I don't think it is a sound basis for ruling out a work related injury. Besides, this is one of those "proof is in the pudding" cases, where you were not symptomatic before the injury and you are symptomatic now.

    I'd suggest you consult with a workers compensation attorney right away. We do free consultations and I would happily take your call.

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  • Can I sue my job for dermatitis conditions?!

    I started to get a rash on my neck about 4 months ago. It begin to spread to my arms and underarms. I finally went to the hospital on two different occasions to find out what the rash was and on my last visit I was told it was ezcema. I told the c...

    Justin’s Answer

    If you can prove a causal connection to a condition of your job and your medical condition, then you can sue your employer for the results of the condition including any permanent impairment.

    I would strongly suggest you contact a workers' compensation attorney familiar with Nebraska law as soon as possible so you can figure out what your options are. Most of us offer free consultations.

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  • Can someone be let go from a job they got hurt at while being on medical leave? This is a farm/ranch operation.

    My dad was hurt on the job on a farm/ranch operation on August 4th, he got the word from the dr on friday sept 11 that he could return to work. He called his boss to tell him that he could come back part time and work back up to full time as he go...

    Justin’s Answer

    Your dad has found himself in an unfortunate situation that is all too common in Nebraska. Many farm and ranch operations don't take the time to understand the laws applicable to them, and they end up without workers' compensation coverage for their employees even though they have an obligation to carry that coverage.

    Here's what I would do:

    Call an attorney. Your dad needs to know where he sits in terms of coverage. The first thing I would do is figure out if there really is any coverage by looking at the Nebraska Workers' Compensation Court's Website and confirming whether or not the employer is actually exempt.

    If there is coverage, make a claim to the insurance carrier.

    If there isn't coverage for workers' compensation, determine if there is coverage under any other short-term or long-term disability policy.

    Without more information, that's about the best course of action I can suggest. . . Good luck. Feel free to contact me with any additional questions. Thanks.

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  • I wondering if i can have a free consultation ?

    because i fell at work and i had my doctor fill out the FMLA paper work. The end result , the HR and the Director of New Casel Retirement center.

    Justin’s Answer

    Most of the attorneys in Omaha that do this kind of work (myself included) offer free consultations. I'd be happy to meet with you to discuss your case.

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  • What percentage of a disability is fair for my situation? I am in lots of pain and my knee is still not right. Doc gave me 2.5%

    I have had 6 surgeries since may of 2013. 2 scopes for meniscus tare, 1 mpfl reconstruction, then sent to previous doctors expert... and he has done a lateral release, removed my mpfl reconstruction, and the latest surgery was a tibial tubercle os...

    Justin’s Answer

    2.5% is too low. I practice workers' compensation in Nebraska and routinely see 5% for non-surgical issues. What you are likely seeing is a doctor that is not particularly familiar with the rating system and hasn't accurately taken into account the motion and strength deficits that you've experienced. That said, the AMA Guidelines are complex and we often see mistakes of this nature.

    I would arrange for a second opinion. You have that right. If you have a disagreement between two doctors, you can also ask for a court appointed opinion at no cost to you.

    I would be concerned with future medical issues as well. Six surgeries is a lot and I would expect you'll need ongoing treatment. Severe knee injuries usually do.

    Feel free to contact me if you have more questions. Thanks and good luck.

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  • Can I sue a company for not informing me of harmful chemicals before i started the work?

    I needed to weld on an augger for a company that processes animal feed. Was not told that feed had been processed using chemicals that were harmful if came in contact with extreme heat. I started to weld and chemicals ignited. I inhaled a large am...

    Justin’s Answer

    Yes. You can sue. You have two theories of recovery. First, assuming you were working for a company, you can get workers' compensation benefits from your own employer because you were injured in the scope of your employment by an accident arising out of your employment. You don't have to prove liability, but you do have to prove that you were injured and the nature and extent of that injury. You have a very uncommon theory under the Work Comp Act - toxic exposure - that has a few different intricacies. But, based on what you are telling me, I think you would likely prevail assuming you reported the injury within a reasonable period of time.

    You also have a claim against the company or person that allowed work to proceed on the auger. This will be a more difficult theory to pursue. You'll have to prove they had a duty to warn you, that they breached that duty, and that their breach caused you some damages.

    Feel free to contact me if you have any further questions.

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  • Was proven I never received medical treatment for injury, released MMI, can I ask to be reinstated for weekly benefits?

    Due to the lack of treatment for injury, pain from injury was so severe, it caused tackycardia (stress test ruled out its not from physical work), have to wait another 2 months for another heart ablation, no lawyer, due to firing 1st lawyer when...

    Justin’s Answer

    There's a lot going on here based on your statement.

    First, if you can prove a causal connection, a secondary injury can be compensable.

    Second, I'm not aware of any provision for SSDI that indicates you can't get benefits if you are going through a workers' compensation case. I have clients that have been approved for SSDI on their first try while we are also litigating their workers' compensation case.

    Third, if you didn't like you first lawyer, I would encourage you to visit with some other attorneys and see if there's another one that you like and can work with. We do Iowa Workers' Compensation cases and would be happy to speak with you. There are also many excellent lawyers on this website that can serve you well.

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  • Do I need an employment attorney, a workman's comp. attorney, a disability attorney, etc?

    Due to limitations imposed from two injuries sustained at my current job (neither my fault and the most recent occurring within the last two weeks), I have become relatively unmarketable to possible new employers. Where I currently work refuses to...

    Justin’s Answer

    You need a workers' compensation attorney. If a "whole body" work related injury has caused you to lose access to a portion of the labor market, your employer should compensate you. If you have a permanent impairment that you should also potentially get vocational rehabilitation.

    Feel free to call me with questions. 402-321-0580.

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