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Seth M. Bernanke

Seth Bernanke’s Answers

86 total


  • What does 45% impairment rating mean in terms of settling a workers comp case?

    Injured at work broke both ankles and back. Dr gives me 25% impairment for feet/ankles and 20% for back.

    Seth’s Answer

    That sounds like serious injuries. Although the ratings may provide you with substantial compensation, it still may be only a small portion of what you might be due if you are unable to return to work. Consult with a skilled comp attorney before you decide whether to take money for the ratings.

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  • I'm still having issues with my knees and have frequent headaches. I'm no longer with the company so how do I file a lawsuit?

    Last January I fell down in the building I worked in. The floors were slippery, the inside lights weren't turned on, when I looked up to see why the lights weren't on I slipped on a wet spot on the floor and I fell face first onto the marble floo...

    Seth’s Answer

    You likely have a workers' compensation claim, but you may also have a third party injury claim. You should not delay in talking with a board certified workers' compensation specialist.

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  • Is MSA correct? What can I do to get medical bill paid & to get my checks until my settlement is approved?

    I live in North Carolina and I signed a worker's comp settlement agreement. The lawyer said if I didn't sign the insurance company would give me a hard time and probably would deny future claims. The lawyer charged me 25% for the total settlemen...

    Seth’s Answer

    A face to face meeting with your attorney is called for. Make an appointment. The answers to your questions are likely contained in the language of the settlement agreement. Take your list of questions and review each one, asking your attorney to show you the language in the agreement you signed whether you still have a remedy with regard to each of your concerns.

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  • Is my lawyer looking at my interest based on this? What can I expect my carrier to pay (pain suffering, etc)?

    I was involved in an auto accident resulting from a drunk driver (other party). He swerved into my lane and hit the front and side of my car, spinning me into a pole. I was out of work for between 3-4 months with injuries including soft tissue dam...

    Seth’s Answer

    There must be some other factors involved that would lead your attorney to suggest settling for an additional $2,000, but it's impossible to tell what that might be without examining the whole file. It's best to sit down with your attorney, who knows your case best, and get a full explanation from him or her as to what the weaknesses in your case are. If you are not satisfied with this approach and willingness to take the claim to trial if need be, then it is time for you to go looking elsewhere.

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  • Isn't this assault? How can I prove it and what should I do??

    One week ago my hair was shoulder length. "Someone" is cutting my hair at night! Now, its above my shoulders. I have not been anywhere! I believe my husband and "someone" is cutting it while I sleep!

    Seth’s Answer

    Your name is not by chance Hercules?

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  • Possibility of requesting further comp after rushed acceptance due to financial distress and injuries were more severe

    I lost 3.5 fingers in a bandsaw accident at work and accepted a rushed settlement due to monetary distress and ignorance concerning the settlement process. Due to that same ignorance and loss of confidence I allowed recipt of final check w/o reque...

    Seth’s Answer

    As the other two well-qualified attorneys have mentioned, whether you are working is of prime importance. If you are unable to work, it may have been an error on the part of the Industrial Commission to accept the payment on your ratings.

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  • What do I do if my worker's comp claim was denied?

    My husband had a worker's comp claim in 2012 that resulted in L4-5 fusion, a settlement from his then- employer & loss of job (due to the claim). He rehabbed from the surgery, obtained a new job in the same field & everything was fine until 10-12...

    Seth’s Answer

    I agree with what my colleagues have said. In the meantime, don't wait for a resolution of the comp claim for your husband to get medical care. If his job (or yours) included health insurance, he should use that to focus on getting better without delay. Litigation through the workers' comp system can sometimes take years, so it is important for your husband to take care of himself and heal while the insurance company and your lawyer will be battling it out.

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  • Company moved to another state always had issues with my back since the injury

    I have a bulging disc that's deteriorating and a tear btwn my l4 and l5

    Seth’s Answer

    If you have not filed a workers' compensation claim with the North Carolina Industrial Commission, you will need to do so before two years from the date of injury or you may lose your rights to any compensation.

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  • I am disabled from a back injury From my job. I received workmanship comp. for 10 years. I am now 68 and unable to work.

    Can I get additional benefits from my employer or social security.

    Seth’s Answer

    Even if you have already settled your workers' compensation claim, under certain very limited circumstances your claim may be reopened. It's worth a free consultation with a board certified workers' compensation specialist to find out.

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  • I was fired while on worker's comp. In fact it was almost 2 years before I was released from Doctor's care. What can I do?

    I was injured in an auto accident while at work. My employer demanded that I return to work, but I was not released by my Doctor. He took my personal belongings and cancelled my families insurance and fired me. My personal property was taken for p...

    Seth’s Answer

    You may also have a personal injury claim if the auto accident was not your fault. Any lawsuit on this claim must be filed within three years of the date of injury, so you must act quickly in order to preserve your rights.

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