I was injured at work and my doctor ordered surgery.The injury occurred when a third party moved equipment while I was working My employers insurance had their IME see me and of course they denied the claim. Had a hearing regarding surgery with WCC and they ordered the surgery. However, my "attorney" didn't file a claim for lost wages. I'll be out of work for 4-5 months with post-op procedures. How can I get the money that I lost for being off of work because my employer wouldn't honor the "light work" and "sedentary" duties ordered by my RX? I lost a total of 2 1/2 weeks. Also, I had a co-worker kick me in my knee that's scheduled for surgery next month. Who can I sue for my lost wages? Should I get another lawyer to handle this as well?
You say that you have a workers compensation lawyer helping you with workers compensation benefits, but you need a local personal injury lawyer to investigate your 3rd party claim. Well, you have come to the right site, as Avvo has a terrific "find a lawyer" tool to locate a personal injury lawyer in your city. Good luck.
You will almost certainly need a workers' compensation attorney to help you and you should also have a personal injury attorney look into the possibility of a third party claim. You have "attorney" in quotes, so it appears that you may not have an actual attorney representing you on either claim
at present. You can hire a WC attorney and generally they will get paid after you get paid. Usually they will help to recover far more for you than you must pay in fees - and they will assert a large portion of your loss of earnings claims. Most personal injury attorneys (if they are willing to take your case) will take your case on a contingency fee. They typically will also pursue lost earnings claims and claims for other damages. These attorneys are also usually well worth the cost.
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Immediately consult with a local experienced personal injury attorney. If they take the case they can also try to find out why your WC attorney has not been successful.
Car / Auto Accident Lawyer
In your workers' compensation claim, you are entitled to temporary total disability for the time that you missed from work which is 2/3 of your average weekly wage. Your attorney should be able to get the workers' compensation carrier to pay or can file issues for a hearing. If your co-worker kicked you in the knee, you can file a separate workers' compensation claim for that if additional injury was caused. Consult with your attorney about that.
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