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Alex Brian Wallach

Alex Wallach’s Answers

5 total

  • Can they just have me sitting in the work area in a chair writing on paper while on modified duty?

    My foot got broke in two places while on the job. They just sit me in a chair with paper to write down when they doff a machine. They won't pay me for loss time when I have to leave early to go to the doctor. It's really hard for me to get around ...

    Alex’s Answer

    They can make you work or do what they're doing, but if the work injury causes you to be making less than you were averaging before you got hurt in terms of your weekly wage, you are entitled to compensation. If the only time that you are missing from work is for doctors appointments, it might require a bit of a fight; but I am of the opinion you CAN obtain temporary partial disability when your only wage loss is to attend doctors appointments with the authorized treating physician. Talk to a WC attorney familiar with litigating average weekly wage and temporary partial disability issues.

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  • I am looking for someone with experience in workers comp dealing with DOAS. Any leads on good attorneys?

    I work for the GDOT. I was injured on the job and now am being told due to my injuries I wont be able to return to work. I am looking for a lawyer with experience in dealing with DOAS and winning.

    Alex’s Answer

    Not all attorneys that you might converse with are primarily concerned about the attorneys fee. There are many good attorneys who represent injured workers who know how to handle cases and wring value out of them even if the employer or insurer professes to be unwilling or unable to settle. When you find an attorney who is appalled or disgusted at the way you have been treated, you will have found an attorney who is likely willing to represent you without worrying how he or she is going to get paid later on. He or she knows he's going to get paid later on, he or she just needs to figure out how. Good luck!

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  • . What should I do now?

    I have osteoarthritis in both knees and have a hard time standing or walking for more the 5 minutes. I suffer from chronic pain and daily muscle spasmsin my knees and legs. I haven't been to a doctor often because I have no insurance and the times...

    Alex’s Answer

    How long has it been since you were regularly employed, how old are you and how much education do you have? What is your usual line of work? Are you looking for a lawyer for Social Security Disability or something else?

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  • How much is my claim worth?

    I suffered a herniated disc at work and my workers comp was denied. My employer didnt report the incident and they never offerred me medical treatment. They wouldnt allow me time off to seek medical treatment. After it was officially denied be...

    Alex’s Answer

    There is no way to tell you what your case is worth without tons more information. The value of a WC case depends on the severity of the injury, your pre injury average weekly wage, the likelihood of winning in court etc. Then there is the question of whether you have surgery, how you recover from the surgery, who pays for it and what sort of permanent restrictions, if any, you have. You can and should ask your attorney how much they want to ask for and how they came up with that number. You also need a good idea of where you are medically and a plan for addressing your medical needs (if they are not going to be met before the injury) after settlement. Settlement is always great, but a WC case NEVER pays enough that you will never have to work again, so there needs to be a plan for what comes next in your life after settlement. Good Luck!

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  • What can I do

    If a workers comp case has been heard by a judge and the outcome was not in you favor. But the attorney you had was less willing to help after court so you release them off the case. Why is it so hard to find another attorney. I spoke with worker...

    Alex’s Answer

    The threshold question is going to be whether the judge found that you had no accident, had no injury or were not disabled. If the findings are against you on the issues of accident and injury, it will be much harder to turn the case around. If the judge found that you had an accident, got hurt but could not prove you were disabled, you may be now able to prove you are disabled. You should find someone quickly who handles a lot of WC cases and does not mind being the second or later lawyer. You have to be very careful about credibility as you are likely to appear before the same judge in any subsequent hearing. A judge who has already decided you are not beliveable is not likely to change his or her mind.

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