We'll help you find the right solution for your needs
Does this sound like your topic?
Looking for some advice, my husband hurt his back 3 years ago at work. We went through the whole deal with workers comp and he got better. A couple months ago that same injury started to act up again and causing him a great deal of pain and grea...
More information is needed in order to render sound advice. First, it is important to know when the last date of treatment was provided and/or the last benefit paid by the carrier. If the workers' compensation carrier has not authorized/provided any medical treatment and/or paid any indemnity benefits in over a year, my concern would be that the statute of limitation ("SOL") may have expired. You may want to google F.S. Section 440.19 and review the applicable statute discussing the statute of limitations. Even if the SOL has expired, there may be ways to revive the claim, so your husband really needs to speak with an attorney about his case without delay.
Second, you indicate he "got better" and then his symptoms re-appeared. It would be important to know how long he had been symptom-free and if anything happened to cause him to be symptomatic again such as sustaining another accident. Because the employer has ignored your husband for several months, they may be taking the position he sustained a subsequent intervening accident and/or that the initial industrial accident is no longer the major contributing cause of his current symptoms and need for treatment. Also, has he attempted to contact the workers' compensation carrier directly and asked for a follow-up medical appointment?
AVVO is a good place for your husband to review the profiles of attorneys who handle workers' compensation claim. Best of luck!
please give me advice if I should go to this deposition
The attorney representing the employer/carrier has a right to obtain the deposition testimony of any injured worker whom has filed a petition for benefits. If you have a pending petition for benefits, you will have to attend your deposition or the defense attorney could file a motion asking the judge to compel you to provide testimony.
Nevertheless, at some point in time before your deposition takes place, you should meet with your attorney and address your concerns about how he/she is handling your case. Give your attorney an opportunity to quell your concerns that he/she is colluding with the insurance company (which is highly unlikely).
I'm a firefighter and got injured on the job. I have herniated discs in my neck and was sent to a workers comp Dr. who immediately wanted to do surgery on me. Can I seek out a second opinion on my own just to compare? Will that violate a worker's ...
If you are currently represented by an attorney, you should contact him/her immediately to discuss this issue. If you are not currently represented, you should seek legal representation as your injuries seem to be quite severe and obtaining a second opinion could impact your case. However, to answer your question, yes you can obtain a second opinion on your own (i.e., you pay for the second opinion). If you have private health insurance through your employer, the private health insurance carrier likley will not pay for the second opinion. I have found that the doctors the workers' compensation carriers send injured workers to are typically quite conservative. Thus, if a doctor hand-picked by the workers' comp carrier opines you need surgery, you probably do. I suggest that before you do anything, contact an attorney and discuss your case. Best of luck.See question
It's been 16 months since my attorney filed to go before the ALJ for disability benefits
Because you have an attorney, you should consult with him/her about this.
Generally speaking, "Pending folder assembly" means the SSA/ODAR staff has put a claim file in line for assembly (ie they have not yet started to exhibit the evidence). Pending folder assembly can be a 9-12 month period in the Tampa ODAR.
"Folder assembly" means the SSA/ODAR staff is in the process of exhibiting the evidence in a claim file. Once a file has been exhibited, a hearing typically gets scheduled relatively soon thereafter.
I had a very bad eye infection and it left me completely blind in my left eye. Also, my lower back has very bad herniated discs and they want me to have back surgery. So with my conditions would I qualify for disability monthly??
No one can answer your question definitively and more information is needed. It is important to know if you are applying for SSD and/or SSI. When did you last work? Did you work long enough and earn enough quarters of coverage to qualify for SSD benefits? Are you still working? How old are you; what is your level of education; what is your past relevant work? Blindness in one eye and a back condition that requires surgery are likely going to be considered "severe" impairments. However, do these impairments prevent you from performing your prior work or any other work is another question. Also, do you have any other medical problems? Are you on medications that cause side effects? You should review the attorney profiles on this website and consult with an attorney who can obtain from you necessary information and give you a better understanding of a possible claim for benefits. Best of luck!See question
I was a passenger in a motor vehicle accident and now with 4 bulged herniated disc in my lower back and sciatic nerve damage and unable to hardly stand or sit or work and I have a wife and 7 year old daughter to help take care of?
I agree with Mr. Pont that the findings on the MRI alone are not enough to prove you cannot engage in full time work. As he pointed out, there are a number of factors that the Social Security Administration takes into account (including age, education, past work experience, nature and severity of impairments/injuries). Additionally, if you are still working and earning over $1,130 per month, you probably will not qualify. Much more information is needed so you should research attorneys here on AVVO and schedule a consultation either by telephone or an in-office consultation. There should be no charge to meet with the attorney and discuss your situation. I would also suggest that you consult with an attorney before filiing an application for SSD/SSI benefits. Best of luck.See question
I was scheduled to attend the mediation conference tomorrow in regard to my worker's comp claim. I received a phone call from my lawyer's assistant today informing me that it was canceled. Is there anything to fear?
You really should contact your attorney and find out why the mediation was cancelled and ask him/her if there is anything to be concerned about. Only he/she knows the facts of your case as well as you do. Perhaps the mediator had a scheduling conflict. It may be because your attorney and the defense attorney discussed the case and came to the conclusion whatever pending claims you have filed for will not be authorized by the carrier and/or that settlement negotiations at a mediation would be waste of time if the parties are too far apart in their respective valuation of the case.See question
One of the bank terminated me --- and I am sure based on discrimination ( I am from Russia originally) + because I used about 3 times short term disability benefits in the last 1.5 year and each time stayed 12 weeks home. I have a very serious il...
This is an employment/labor issue. I will re-post it there for you.
Let's say someone scores high on the florida "points scoresheet" but the person is a first time offender and is in a high risk group (young,white, small) so they would be at risk to being hurt in a medium-high security prison where inmates in thos...
You should re-post you question in the criminal defense section of AVVO.See question
I have no income because I can't work I'm fighting for my disability I called a couple of lawyers and they said I needed to get into a bunch of different doctors but I can't afford to get any doctors and I really need a lawyer to get my disability
You may want to contact Dixie County to see if they provide free insurance for indigent residence. If not, and you do not have any medical evidence to support your disability claim, the Social Security Administration should send you for a "Consultive Examination" with a physician or physicians in Dixie County. Unfortunately, in my experience, I have not seen very many consultive examination reports which are overly favorable to my clients. However, the Consultive Examiner might send you for addiitonal testing depending on what your impairments are that could help in proving your case.
As far as finding a lawyer who handles SSD/SSI cases, you should review the attorney profiles here on AVVO. The initial office or telehone consultation should be free. Representation is based upon a contingency fee of 25% of you past due benefits, capped at $6,000. In other words, if the attorney is not successful in winning your case, no attorney fee is owed. Best of luck.