Samuel A. Scudder’s Answers

Samuel A. Scudder

Workers' Compensation Lawyer.

Contributor Level 7
  1. Is what my employer doing to me legal?

    Answered over 1 year ago.

    1. Jesse Sayre Shapiro
    2. Samuel A. Scudder
    3. Kirk J. Angel
    4. Joseph M. Wilson Jr.
    5. C Steven Moskos
    6. ···
    7 lawyer answers

    To add to what the others have already said, the answer to your question is "yes, what your employer is doing to you is legal." However, FMLA will protect your job and benefits for twelve weeks and I do not beleive there is any downside to being on FMLA while on workers' compensation, other than using up your FMLA leave so you will not have it later to use until you requalify. Practically speaking, while I do not know the type of work you do, the nature of your injury, or your...

    8 lawyers agreed with this answer

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

    Answered over 1 year ago.

    1. Samuel A. Scudder
    2. Kirk J. Angel
    3. Bobby L. Bollinger Jr.
    4. Michael Charles Doland
    5. George Ellis Corson IV
    5 lawyer answers

    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...

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

    Answered over 1 year ago.

    1. Samuel A. Scudder
    2. Jesse Sayre Shapiro
    3. Damon Terry Duncan
    4. George Ellis Corson IV
    5. Marilynn Mika Spencer
    5 lawyer answers

    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...

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

    Answered over 1 year ago.

    1. Samuel A. Scudder
    2. George Ellis Corson IV
    3. Charles Joseph Michael Candiano
    3 lawyer answers

    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.

    5 lawyers agreed with this answer

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  5. I have a work comp claim with the state of nc, since 2002. i inderstand with the state sometimes you may never reach a settlemen

    Answered almost 2 years ago.

    1. Samuel A. Scudder
    2. Philip Scott Hedrick
    3. Judd Panzer Koenig
    3 lawyer answers

    In NC, workers' compensation for state employees is almost always underfunded. This is due to the way most agencies fund the wc claims coming from injuries within each individual agency. With few exceptions, there is not a wc fund for paying these claims, but instead, the payments are made from the annual budget of the agency. So to pay a settlement and have the claim gone forever takes much more budget funds then paying just what will be due for the present year and will come from that year'...

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  6. Should i get a lawyer...

    Answered 7 months ago.

    1. John M. McCabe
    2. Samuel A. Scudder
    3. James Kevan Minick
    4. Martha L. Ramsay
    5. John F. Ayers III
    6. ···
    6 lawyer answers

    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...

    5 lawyers agreed with this answer

  7. Should I take the package? Can I receive disability?

    Answered over 1 year ago.

    1. Jesse Sayre Shapiro
    2. Samuel A. Scudder
    3. David J. McCormick
    3 lawyer answers

    I agree with Jesse's analysis of the credit issue, so I will address additional issues in your question. First, I assume that you are on NC workers' compensation and not a federal employee. If you are a federal employee or on FECA or Longshore Act benefits, then our analysis may not apply. While a severance package my cut ties with your company, it does nothing to end your right to have your employer provide medical and indemnity benefits under workers' compensation. So if you take the...

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  8. Back injury

    Answered about 1 year ago.

    1. Samuel A. Scudder
    2. Damon Terry Duncan
    3. Jesse Sayre Shapiro
    4. David J. McCormick
    5. Bobby L. Bollinger Jr.
    5 lawyer answers

    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...

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

    Answered over 1 year ago.

    1. Samuel A. Scudder
    2. Christian K. Lassen II
    3. David J. McCormick
    3 lawyer answers

    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....

    4 lawyers agreed with this answer

  10. Is there a difference in "Slip and Fall" when you actually tripped over a mat in a doorway that was not previously there?

    Answered over 1 year ago.

    1. Samuel A. Scudder
    2. Bobby L. Bollinger Jr.
    3. David J. McCormick
    4. George Ellis Corson IV
    4 lawyer answers

    "Slip and Fall" is a term attorneys use to label certain types of premises liablility claims. This term is not really relevant in the workers' compensation context, but probably is not causing an harm. In the workers' compensation context, what is important is that something unusual or unexpected happened, as compared to an unexplained fall. The fact that you tripped over something is important as compared to if your leg just gave way and you fell.

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