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Rafael Omar Gomez
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Rafael Gomez’s Answers

183 total


  • I was unjustly fired while on wc as a UAW autoworkers member do I have grounds for a lawsuit. I worked American Axle&mfg buffalo

    My region 9 reps did not file a grievance on my behalf

    Rafael’s Answer

    You should consult with a lawyer to review your situation. As a contract worker the union contract will dictate whether you have a viable claim or not.

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  • My husband received a severance package and we need to talk to lawyer about it

    We were told to contact a lawyer by the personal rep. I am thinking due to age discrimination. He is 60 and plans to retire at 62. He works in the IT field. He has worked with this company for at least 17 years

    Rafael’s Answer

    This is a fairly typical request as most severance packages will include language releasing the company from any liability arising out of the employee's position elimination or termination. There are time requirements required by law for certain employers to allow the employee to decide whether to accept the severance or not. I would recommend you schedule an appointment with an employment lawyer to review the agreement and discuss options with you.

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  • Got hit by car while biking over weekend. I fractured my ankle and they performed surgery immediately. No fault question.

    100% liability on part of guy who hit me. Witness confirms the police's determination. So the policy of the driver has a 25k minimum policy. I am screwed :( Will the policy pay out the $50k through no fault and then an additional $25k pe...

    Rafael’s Answer

    You have presented very good questions. No Fault and liability are separate, even in a case like this where the offending driver's carrier is paying your bills and reviewing your claim for personal injury. There will be two different adjusters assigned to the matter with different responsibilities from your claim. No Fault will only cover up to $50,000 of medical bills and expenses, mileage and lost wages. If the policy has additional personal injury protection then there may be more coverage if that is exhausted, but there will be a right of subrogation against any recovery you may obtain. I would advise you contact an attorney to help you evaluate your situation and what recovery may be available to you. Do not forget to check if you have SUM coverage under your own MVA policy.

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  • I'm a physically disabled senior citizen woman who was crossing West 100th Street at the corner on Sept. 26...a car did not

    ...observe stop sign, turned, accellerated, and went straight into me, knocking me off my mobility scooter onto the ground. I was taken in an ambulance to Mt. Sinai and have a broken rib and mild concussion and am in constant pain 24/7. Driver sa...

    Rafael’s Answer

    I am sorry for all you are dealing with from this accident. A personal injury attorney will work with you to make sure all of the medical bills are paid and to pursue a claim against the driver. You should consult with an attorney as soon as possible. Good luck.

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  • My wife got three fingers crushed & half cut off

    she has a comp lawyer whose pourpus is to just fight to determine how much she gets paid no weekly from comp is he also entitled to a cut of the final settlement should I not settle & get a high profile lawyer from tv & fight for mor...

    Rafael’s Answer

    A lawyer is not better because he or she is on tv. If you are not happy with your current attorney then ask around and get a referral for a new attorney.

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  • Can I file a medical malpractice suit against an oral surgeon?

    I was referred to the Oral Surgeon for a tooth implant. He performed 2 surgeries prior to placing the implant and 3 more after the implant failed. I have extensive bone and gum loss to the adjoining teeth, and still no implant. I went to see a...

    Rafael’s Answer

    I am sorry for the terrible situation you are dealing with as a result of that treatment. In order to evaluate your case you should consult an attorney as soon as possible to review the records and speak to your new dentist. If there was a deviation from the acceptable standard of care and you were injured as a result then you will have claim.

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  • Do I have a case sister dies from a botched up surgery

    When it was done she was told that she had to have a bowel movement she never could go so they sent her home and she returned because she was in a lot of pain when she got their she was half checked then was sent home again the Dr. then checks and...

    Rafael’s Answer

    You should consult with a medical malpractice attorney. These types of cases require a close investigation and the proper experts to develop.

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  • Workers Compensation Claimant's Medical rights:

    Claimant is diagnosed with severe Carpal-tunnel and tendonitis. Carpal-tunnel surgery was done on both left and right hands; however, pain and discomfort persists and increased. Treating Comp doctor request further testing i.e. EMG, while, patien...

    Rafael’s Answer

    Your medical treatment and the tests ordered are between you and the providers. Your attorney only works with the facts given and cannot request a treatment for which there is no medical support because the Board will deny it. I suggest you discuss your situation with your attorney, and if you do not have one, then get one. If you are not happy with the advice of your medical provider you can go get another opinion.

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  • Advice on How to Go about it

    I believe I have work-related Plantar Fasciitis (been working in same factory for over 20 years). Have notified employer of my condition of pain and have asked if I could file a claim so as to see a doctor. Employer forwarded my query to the car...

    Rafael’s Answer

    Your circumstances will be determined based on the opinion of your medical provider and whether or not the condition is deemed to be a work related injury. I recommend you go see your doctor as soon as possible and describe everything that has happened with the condition. Also, schedule an appointment with a Workers' Compensation attorney to discuss how you can file a claim. If your doctor states it is related then your attorney can work with you to ensure it is filed correctly.

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  • Do I have a any case?

    I was injerd at work because they had me working on my tip toes to reach a lever. My hand got cought crushing to fingers I had 6 stitches to put my one finger back together. I was drug tested and 10 days later I was fired for failing the post acci...

    Rafael’s Answer

    Based on your facts you do have a valid Workers Compensation case. You should consult with an attorney to discuss this and the circumstances surrounding your termination.

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