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Bobby L. Bollinger Jr.
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Bobby Bollinger’s Answers

2,008 total


  • Can I get in trouble for calling out of light duty assignment for pain from workers comp injury?

    I was injured at work. I had an appointment with a specialist where imaging was ordered. After the physical exam by the specialist, I was having increased pain. I tried to tough it out in light duty, which isn't all that "light" (but within the r...

    Bobby’s Answer

    Are you an "employee at will?" If so, yes, you can be fired, virtually anytime. You need to try as hard as you can to perform the light duty work, because getting fired will impair your work comp case. Doctor may not even give you a restriction due to subjective complaints of pain. Restrictions are to keep you from doing any further damage to your body. You need to talk to a local workers' comp lawyer on this, too.

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  • Why are you not able to sue a workers compensation Doctor?

    I lost part of my toe on the job, the doctor never closed the wound, as a result, I got a bone infection and was released back to work. I later had to have another doctor partially amputate my toe to remove the infected part of the bone.

    Bobby’s Answer

    Well, you may be able to sue that doctor in malpractice, but unless you have a truckload of money you are willing to spend on experts, it probably will not be economically worthwhile to do so.

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  • Do I have a medical Mal practice claim?

    After knee reconstruction surgery the nurses taking care of me gave me instructions that when I had pain to press a button when I had pain and that would release morphine. The point is the morphine bag was never regulated and the nurses gave me in...

    Bobby’s Answer

    All medical malpractice claims require severe damages to make them economically viable. And your post does not describe any damage or injury. If the pump malfunctioned, it may be a products liability claim. Very few workers' comp lawyers will handle either type of claim.

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  • Whats the best way to approach Workmans Comp company who misclassified an employee and refuses to budge?

    Our workmans comp company is classifying our engineer/draftsman as "warehouse" and they claim that it is due to them "touching" the products. The draftsman is mainly desk job, designs products using software, and compares drawing with actual p...

    Bobby’s Answer

    Have your insurance broker look for a new carrier for you.

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  • An employer neglects to file a work related accident for 4 months. Why do I have no recourse?

    I was hurt at work and reported the incident immediately. I asked for the accident report and was told I had to wait for my manager to receive it via email from the insurance company. With repeated requests to several supervisors and the manager f...

    Bobby’s Answer

    Mr. Welch is correct. You now need to hire a lawyer. You have relied on your adversary in the case-your employer-to protect your rights and that approach, of course, is a failure. At this point you need to get a lawyer to help you if you want this to go many better for yourself.

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  • Can I handle workers compensation claim benefits without a lawyer? What would you recommend?

    I hurt my lower back at work on July 4th, 2016. I informed my manager that I can no longer work. Recently the company sent me a packet which contained workers compensation information to mail back. Should I fill out the paperwork myself or have a ...

    Bobby’s Answer

    If you are saying you cannot work, but you don't have a doctor who has evaluated your injury and restricted you from working, then you may already be in trouble on this case. At least get a free consultation from a workers' comp lawyer.

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  • How do I find reviews and complaints on attorneys?

    There are no details.

    Bobby’s Answer

    Reviews can be seen here on AVVO, on Google Plus, and on Martindale Hubbell. Significant, legitimate complaints can be found on the NC State Bar website. Look under the "discipline" tab.
    Don't put too much stock in the negative reviews you may see on AVVO or Google. There is no way to verify the legitimacy of those.

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  • Who can I talk to if I am injured during surgery?

    I am a worker's compensation patient. I si joint surgery. Surgery caused some bruises on my hip below my incision. 2 months post- op, the bruises are gone but I can still feel the pain when I rub on my hip. Now 5 months post-op, still feel pain bu...

    Bobby’s Answer

    If you think the doctor causes a significant injury to you due to carelessness with the surgery, then speak to a medical malpractice lawyer. But absent a significant injury, a med mal lawyer will not be interested in pursuing anything for you unless you have, say, $80,000 to deposit with him to cover the expenses of the case.

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  • Specifically what forms / information can my workers comp lawyer obtain when I sign a release form for medical?

    My workers comp lawyer would not submit a request through the proper channels to my dr's office to get a copy of the request for surgery and a copy of the fax receipt for the date the request was sent to Workers comp. He told me, the release fo...

    Bobby’s Answer

    This happens often. It can be challenging for a law office to get a client's medical records from a medical provider. Many times the provider will not honor the record release that the lawyer had his client sign, even though the release is legally sufficient. Sometimes providers insist upon a "HIPAA compliant" release even though HIPAA does not even apply in workers' comp cases. My guess is that the problem is at the doctor's office, not the lawyer's office. And don't count on them giving you a fax receipt--that is probably not your medical record, but the doctor's business record.

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  • I was in a bad car accident, I was compensated $7,500 for bodily injury. Do I have to pay my own medical bills & attorney?

    After my case settled, my attorney told me that my settlement compensation was going to be split in thirds, 30% to medical bills, 30% to the attorney and the rest for me. I was left with 2,500 roughly. That didn't seem right to me, but it was my f...

    Bobby’s Answer

    That is how it works. Perhaps those other folks had their medical bills paid by another source, such as Med-Pay coverage in an auto insurance policy, or their health insurance. This question was posted in "workers' compensation" but it appears that you are referring to an auto tort claim.

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