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Hurt recently at WORK!!!

Atlanta, GA |

Back, knee, elbow & arm injury. Workers' comp just suspended my benefits after one check and their DOC saying to go back to work. In serious pain, saw 2 of their DOCS. Trying the go-back-to-work and pain is unbearble. After 2 weeks of pain was finally given pain medicine, can you believe that. I have an attorney for the past 2 wks, that doesn't let me know anything. I have a friend in another state, lawyer that has himself or the paralegal to call with the do's and don'ts. This character I have has only told me he's trying to get me with another DOC outside of workers' comp. I can drive maybe 10 mins w/o pain nothing further, which I must since their DOC says so. I have to drive my kid to daycare, WHICH IS 5 MINS AWAY. I need to know if that's ok by my atty if folks are going to TAPING.

Attorney Answers 7

Posted

You should speak directly and candidly to your atty. about your concerns. If still not satisfied, terminate him, but be aware that he may have a lien on your case for any expenses he might have already advanced on your behalf. Read
your atty. client contract carefully before making that decision.

Law Office of Robert G. Rothstein (Atlanta)
www.rgrothsteinlaw.com

Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

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4 comments

Asker

Posted

Are you saying it may take 2 months to change docs after you have used 2 of the WC's doc?

Robert G. Rothstein

Robert G. Rothstein

Posted

I believe attorney Whiteman indicated that it could easily take a month or more to get approval for a non-panel doctor approval. He is correct. This is because the ins. co. may not agree with your choice of physician and you will then have to get the State Board involved or else pay for the non-panel MD yourself.

Sarah Elizabeth Stottlemyer

Sarah Elizabeth Stottlemyer

Posted

If you are making your one time change on the Panel that you are entitled to without the consent of the Employer/Insurer, it may take only days or a couple of weeks. Unfortunately, the Georgia workers' compensation system often moves very slowly and is very frustrating for someone in severe pain. I am so sorry you are in that situation.

Asker

Posted

The adjuster picked the docs for me. WOW!!!

Posted

I have never found that my clients' complaints of a lot of pain get much sympathy from the treating docs whose goal is to get you back to work as soon as they can. Unless you have an injury to a structure in your body than can be injured further by work activities, it is unlikely that you are going to get written out of work. And the law in the other state may be a lot more friendly to your friend's needs than the law in your state, so it is not really meaningful to compare the two. Keep in contact with your lawyer and encourage him to do what he can do. But accept that he may not be able to do much to address your complaint.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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Posted

I understand your frustration, especially given your pain. However, you need to speak with your attorney and develop a relationship with him or her. The law, even workers' compensation, moves slowly regardless of your pain. If you can not develop a good relationship with your attorney or you are not getting the level of service you expect, then explore other options. But be forewarned that changing attorneys midstream will likely result in more potential delays. Make sure your expectations are reasonable too, or you will just get frustrated with every attorney you hire.

I will be glad to speak with you about the system or any questions you have, but that is really a discussion you should have with your current attorney first.

I wish you the best. I hope your pain rapidly improves and you get appropriate medical care.

Sincerely,

Shawn Rhodes
Powers and Rhodes, LLP
478-227-5997

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Posted

We all work very hard to fight for our clients who are injured at work but your attorney MUST follow a procedure. In Illinois, we would be lucky to get a hearing in 45-60 days and a Decision 2 months later.

You need to sit down with your attorney and make him explain exactly what the time frame is in Georgia for bringing an Emergency Motion. Your attorney may be guilty of NOT explaining the process but it's WAY too soon to suggest he isn't working on your problem.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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Posted

I am not sure what the "taping" part of your question means. But, in our system, provided the employer follows the rules regarding the choice of physicians for you, it can be very difficult to obtain a doctor who will be more sympathetic to you. You do have a right to change doctors once without the employer/insurer's consent so you may want to talk to your attorney about that. If your attorney is trying to get a "non-panel" doctor for you, that could easily take a month or more, so you may need to be more patient.

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5 comments

Asker

Posted

If he knows it's going to take 2 moths to change docs, why is he telling me he should know in a week. So, he must be lying. I think I'LL FIRE HIM FOR A MORE AGGREESIVE LAWYER. It's only been two weeks, so if I find someone to settle my case, his lien shouldn't be that much because he hasn't done much at all.

Harold W. Whiteman Jr.

Harold W. Whiteman Jr.

Posted

Maybe not. Most likely he is trying to coax the insurance adjuster into an agreement, which can take some time. Asking the Board for a change in physician can indeed take 1-2 months. For that reason most of us try to work with adjuster or defense attorney for an agreement for another doctor.

Asker

Posted

At this point, I continue to go to work in pain for another 2 months, just like the workers' comp docs want and I leave everyday after getting there in abt an hour from sitting on my tailbone. I'm sure I'll be fine soon with no help from my attorney. Thanks for your responses

Asker

Posted

I heard they videotape you. It's ok because when I leave work from pain, I'm in the house all day

Harold W. Whiteman Jr.

Harold W. Whiteman Jr.

Posted

It is true that many times the insurance company will hire a PI if they suspect you may be exaggerating your injury in some way or another. The best advice anyone could give is to follow any restrictions the doctor has given you at home and at work.

Posted

Resist the temptation to ask friends in another State what is happening with them. Every case is different especially in a State to State basis. If you have only had an attorney for 2 weeks I would not judge his performance until you can give him a bit more time to try and help you. He likely hasn't been able to see the medical reports from your treating Dr. yet. Stay in touch with him and see what he can do to help you out. If you have questions set up an appointment with him and go over those. Also, fully inform the Doctor when you find the duties of the job too hard. He may be able to limit some of the job activities if he thinks that might help you heal faster.

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1 comment

Asker

Posted

I have told the doctor abt I cannot sit for long periods of time and he said to rotate sitting and standing all day. I have to leave work to go home just about everyday after an hour or two only to drive an hour and a half home. My attorney knows this but doesn't seem to care

Posted

There is nothing surprising or unique about this scenario. Sounds like you need to calm down, meet in person with your attorney, and come up with a plan.

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