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Samuel A. Scudder

Samuel Scudder’s Answers

28 total

  • Do I need a workers comp attorney

    Broke my femur on Oct 18. Had me back to work Dec 18. Cut me from 3 days pt to 1 day pt Jan10. Still unable to perform job completely. Range of motion is regressing due to limited pt.

    Samuel’s Answer

    Having an office near Jacksonville, I know that there is a good chance that you work on base and that your claim may be federal claim instead of a state claim. You did not indicate which in your question, and this makes a big difference in your rights as an injured worker. However, regardless, I agree with the other answers that what you need to do is take the time to meet with a qualified workers' compensation attorney and find out about your rights. Most wc attorneys will give a free or low cost consultation that will be well worth your time and effort.

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  • A property preservation business,( janitorial/yard)I am only planing on 2 person, (1 being me). do i need worker comp ins

    A lot of national companys want that or a statement saying not required in nc.

    Samuel’s Answer

    The prior two answers are good ones, but it can be a little trickier than that in NC, depending on the type of business entity of your company. If it is a corporation and has a president, a vice president, and a secretary, then you have the three persons counted as employees, so you must have coverage. Even if these are your relatives that don't actually work in the business.

    It should also be noted that, even if you are not required to have coverage, you will not be protected from lawsuits if your employees are hurt on the job. Actually, not being subject to the coverage could cost you considerably more than if you were subject to the limited workers' compensation payouts.

    My advice to you is to be smart, cover your company and your employee with wc and DO NOT exclude covering yourself. The cost is very small compared to the risk of loss. Buy the coverage. Unfortunately, I have had to tell too many family members that their self-employed spouse, father, or mother that got killed while on the job (auto accidents, falling off ladders, being run over by heavy equipment, etc.) had opted out of wc coverage, therefore, there was no money for the burial or the support of the family. Let me say it again: Just because you may not have to have coverage does not mean you should not have coverage. Buy the coverage, don't cheat your family over a few hundred dollars.

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  • Should i get a lawyer...

    I amputated my first joint third finger on my right dominant hand at work and they told me to come to work so they will not have any loss time accidents and make my same hourly pay..they are going to make me an offer for the loss of of part of my ...

    Samuel’s Answer

    John has given you good advice, but I would add that it probably would be good for you to return to work if you are able. This will keep your full paycheck going as well as any benefits and it will help with your employment relationship. I certainly would discuss this with an attorney board certified in workers' compensation law. Most, if not all will give a free consultation and only charge you if they recover money for you. An attorney can file the proper paperwork for you, make sure you are paid the correct amount, and help you avoid the pitfalls of your employer firing you as soon as they pay you the wc settlement amount.

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  • Can i sue my previous company i worked for by catching a infection called orbitalcellulitus in my eye out working on a dredge ?

    i was in the hospital for over two weeks because the infection about killed me

    Samuel’s Answer

    I think what you probably have is an admiralty claim, not a workers' comp claim. I would need more facts to determine this. If, in fact, you do have an admiralty claim, then yes you can sue your employer. There are good admiralty law firms in Wilmington, I suggest you look in the yellow pages and contact one of them for a consultation.

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  • Back injury

    Can someone tell me why work comp wants a fce done on my back

    Samuel’s Answer

    While I don't disagree with the above answers, I don't think they tell the whole story. Insurance companies use FCEs as litigation tools. It is important to know if the doctor wanted the FCE or if it was the insurance adjuster or nurse case manager. To know the true purpose of the FCE, it is also important to know who they are sending you to for the FCE. Certain FCE providers use the test as trickery to produce a report that says the injured worker is a malingerer (faker), that the test is invalid due to lack of effort, or to say that the injured worker is capable of heavier work than they really are.

    Now would be a could time for you to seek counsel from a North Carolina attorney Board Certified in WC law if you are not already represented by an attorney.

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  • I work for a company that operates inside another company's building. If I am injured at work, can my company disclose

    my treatment and prescriptions to the other company?

    Samuel’s Answer

    This depends. If you were working for a temporary staffing agency for the other employer, NC law considers these as co-employers and they may share information. If you work for a subcontractor for the employer, then again, they may share information. If you work for an entirely different employer that just shares space with another employer, then your information may not be shared. This of course is all in theory, in reality, I think you should assume that any information related to your workers' compensation claim will be seen by just about anybody. Sad, but true in NC. If there is a specific instance or issue you would like to discuss with me at no charge, please call our main office at 1-866-828-7333.

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  • My brother developed an allergy to latex, his job wont provide latex free gloves. He works in food service. Can he sue?

    the manager says the latex free gloves arent provided by the company the food chain orders from. My brothers hands are horribly disfigured now because in order to work he has to wear the gloves. He's been looking for other jobs but there arent man...

    Samuel’s Answer

    • Selected as best answer

    This is a valid workers' compensation claim in North Carolina. Your brother should heed his medical provider's advice regarding the continued use of the latex gloves. Also, it may be a good idea for him to buy some non-latex gloves to use while working so he does not further damage his hands. As the other answer stated, it is important that he file the Industrial Commission Form 18 in a timely manner. If your brother needs help with this or would like to speak with me about his claim for a no-charge consultation, just have him call my Raleigh office at 1 866 828 7333 and ask for me.

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  • I hired a lawyer for my workers compensation claim can I quit my job? and how will that affect me with my attorney?

    I had a back injury on the job witch was not my fault thats been established already. I have been going to doctors visits for quite some time now a little over two months and seeing a physical therapist. Im scheduled to do a MRI in a couple weeks ...

    Samuel’s Answer

    • Selected as best answer

    You cover a lot of ground in your question, so I will try to at least hit the high points. First, I assume your attorney knows more of the facts than you were able to put in your question, so I would defer to your attorneys' advice and strongly urge you to schedule an appointment or phone call to discuss with your attorney.

    Second, do NOT quit your job, as this will impact your ability to draw unemployment and take away several of your options as your claim progresses. I am concerned that your lawyer indicated to you that this scenario has never happened with them before, as it is a common issue in workers' compensation cases. Please discuss this with your attorney as I think you may have a misunderstanding of their response to this question (or you may have spoken with a staff member that misspoke.) Unfortunately, what is happening to you at work is what happens in just about all claims: As soon as a worker gets hurt, they become damaged goods to the employer and they are then treated poorly and avoided by coworkers that were their friends prior to the injury.

    If you are terminated by your employer, your workers' compensation claim will continue, as will the employer's duty to provide medical treatment and wage loss benefits. Just make sure you do not give them a reason to terminate you, as this may impact your right to continuing wage loss benefits. You must keep your nose clean at work and do nothing to give them a reason to fire you, don't even come in a minute late for work.

    After discussing this with your attorney, if you are still not satisfied, I suggest you contact an attorney that is Board Certified as a specialist in workers' compensation law by the State Bar. There are several very good ones in your area of the state.

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  • How do I get help when surgon release me with meds coming out wound and intestines leaking in side

    In July 2010 I had a bowel resect done in Asheville NC because of a partial blockage. I have chron’s and on ssa. The doctor performed the resect and closed the incision and then left town for a week. He came back my abdomen was green and I was ...

    Samuel’s Answer

    I am so sorry to that you are having to go through this ordeal. First, continue to get all the medical care you need. Hopefully, you are now being treated by a physician you trust. Second, it is not possible to tell if medical malpractice has occurred until your medical file is reviewed by a medical expert and an attorney. if you want this to be reviewed by an attorney and and expert, go ahead and gather all of your medical records related to this surgery and the aftermath. ALL OF THEM. This will take several weeks and probably a few hundred dollars. Then, contact one of the several medical malpractice attorneys in Charlotte or Asheville. Tell them you already have all of your related medical records. Most likely they will meet and review your case for you for no fee. Based on your timetable, you have less than a year before your time to bring a claim will expire, so if you want to do this, you must do it NOW. The medical malpractice review process is extensive and takes a bit of time, so again, if you wish to do this, do it NOW. Good luck with your claim.

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  • Is workman's comp transferable from one state to another?

    i live in knoxville, tn and was recently hurt on the job and receiving workman's comp, was in the process of moving to hendersonville nc. If I proceed with the move will I be disqualified from workman's comp to get ongoing medical treatment?

    Samuel’s Answer

    No, your Tennessee case should continue. Our constitution does not allow state laws to restrict our liberty to move from one place to another. As the other answer indicates, your NC doctors will have comply with Tennessee's rules.

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