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I was injured at my place of employment, and my employer refuses to acknowledge the workman's comp claim. Who can help me?

Dallas, GA |

I have not received any compensation due to lost wages. A day before I was to return to work, I fell off from one of the machines at physical therapy, and the therapist was in another area of the facility instead of being my spotter. That fall caused a hematoma the size of a small watermelon on my right hip. I had to undergo emergency surgery that afternoon to have it drained. The physical therapy facility is owned by my employer. Because of the severity of the fall, I had to undergo a right hip replacement, am in constant severe pain, and was recently told that I need to have another major back surgery due to ruptured discs on L4 and L5 levels, which is directly linked back to the original injury and the fall at therapy. I've been on medical leave w/o income. I'm losing everything I have.

Attorney Answers 11

Posted

It sounds as though you have a very complex case, the kind that are nearly impossible to answer in these small spaces. Most of the lawyers here offer free consultations to evaluate your case in person. I would suggest you look through some of the profiles and choose a few you are comfortable with and talk to them in person. You clearly need the help of an attorney. You must file your claim within one year of your accident, so don't wait!

If you have any further questions about this or any other topic, please feel free to call me at 404-923-0446. All initial phone calls are free. By answering this question, there is no established attorney/client priviledge with Rohan Law, PC. Therefore you cannot rely solely on this information to form the basis of a legal opinion regarding your rights and responsibilities. If you believe that your case requires additional attention, you should contract an attorney to represent you directly.

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13 lawyers agree

Posted

I agree with the previous post. There's a lot going on here. If you have not done so already, call a Worker's Compensation lawyer with whom you feel comfortable. It will not cost you anything to have a consultation, and you really need to spend some time speaking with someone.

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8 lawyers agree

Posted

You need an attorney immediately. Contact one of the qualified workers' compensation attorneys on AVVO. Don't wait.

Josh Carroll
Buzzell, Graham & Welsh, LLP
Macon, GA

(478) 742-8820
www.bgwlaw.com

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6 lawyers agree

Posted

I agree with the other attorneys who have posted here, and I think every other attorney who posts will also. You have a complicated situation here, in many respects, including a subsequent injury while treating for the first one, and an employer that apparently owns a physical therapy facility, if I understood your question correctly. This set of facts does not present a situation that you will likely be able to navigate successfully on your own.

If you have been out of work for awhile, as it sounds, the first question is why the employer/insurer is not paying you weekly benefits. They should be paying you 2/3 of your average weekly wages in Workers' Compensation benefits, called Temporary Total Disability benefits, with a ceiling of $500/week if your injury was pretty recent.

Again, the facts of your situation are obviously complicated, and you should consult with a few attorneys until you find one who is able to take sufficient time to flush out all of the relevant facts and answer all of your questions, and give you the feeling of comfort you need to have in a lawyer who will be representing your interests.

As will all of my colleagues who have posted, several of whom I know, I will be very willing to discuss your situation at whatever length you need to address all of your concerns. You may reach me at 404 236-0064 if you would like to discuss this more personally.

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5 lawyers agree

Posted

Your case sounds serious and complex and there may be more to your situation than just the workers compensation claim. You definitely need the professional advice of an experienced workers comp. attorney with additional experience and knowledge of personal injury law, including medical negligence cases. Check the profiles of the attys. here on Avvo for an appropriate lawyer in your area or contact my office for a free initial consultation and case evaluation. I have 34 years of experience in these exact type of cases. In the meanwhile, you should immediately cease any further contact with your employer or any workers comp. adjusters, etc., until you speak to an attorney. Whether you choose to contact my office or another attorney, I wish you well with your upcoming surgery and recovery.

Law Office of Robert G. Rothstein (Atlanta)
404-216-1422 or on the web at
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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3 lawyers agree

Posted

You need to retain an attorney.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616

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3 lawyers agree

Posted

I agree with the other attorneys, especially Mr. Kaleita's. you have one year from the date of the original on the job injury to file a claim for WC benefits (with some exceptions) and two years from the date of the physical therapist's negligence to file a claim for negligence and medical malpractice. You should speak to an attorney ASAP. At our firm we worked for insurance companies a combined 29 years befor switching sides. Now we help people like you. Feel free to call for a free consultation at 478-254-3606. Good luck!

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3 lawyers agree

Posted

I agree with the other attorneys here that you would benefit from speaking with an attorney. We would be happy to look at your case and we offer free consultations 678-825-5430.

This Reply is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship.

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3 lawyers agree

Posted

I agree with all the lawyers above; you should contact an experienced workers' compensation attorney asap.

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1 lawyer agrees

Posted

You need to call one of the above WC lawyers in your state to sort this out

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2 lawyers agree

Posted

You actually have two cases. You certainly have a valid workers' compensation claim. It also appears you have a valid social security claim as well. We can help with both! 770-982-2252

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1 lawyer agrees

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