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Timothy M. McDuffey
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Timothy McDuffey’s Answers

6 total

  • I'm unsure of any action I should be taking? My job has been very secretive about anything involving this incident and treatment

    I was rear ended in my work van about 2 1/2 months ago, I've had multiple visits to medical centers xrays/MRI for my elbow and 2 months of physical therapy. I've lost range of motion in my arm And constant pain,from brushing my teeth to turning a...

    Timothy’s Answer

    You need to contact an attorney who does both workers' compensation and personal injury. Your employer, through their workers' compensation insurance company should be providing you medical treatment and paying for your bills and time off of work. You also have a claim you can make against your employers' uninsured motorist insurance.

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  • After a car accident, is the insurance company obligated to pay depreciation on the vehicle

    My wife was rearended by a company vehicle and caused 14k damage to our vehicle. The vehicle has finally been repaired but I am wanting to know if the company's insurance has to pay depreciation. The vehicle has now had such extensive work, I wi...

    Timothy’s Answer

    There is case law in Missouri that supports recovery of the decreased value to your car caused by an accident. You can typically get a car dealer to write a letter to help you on this issue.

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  • Can/should I sue my work?

    I work for Walmart. I fell at work, and had to go to the ER. I was walking like I do all day, every day and stepped on a rug. A rug which had water and debris underneath it. When I did so, it slid. And my knee popped loudly as I fell contorted to...

    Timothy’s Answer

    Wal-Mart may be deny the claim based on a section of the workers' compensation law that says for an accident at work to be covered by workers' compensation, the accident must occur because of a risk or hazard greater than that which that employee regularly experiences in everyday life. There are lots of ways to get around this exception. I would suggest you contact an attorney to discuss this.

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  • Is it legal for a HR Rep to watch your Physical Therapy & intimidate you to make future PT on your own time? Workcomp Case

    Husband fell at work June 27 2014, torn labrum in shoulder, and surgery wasn't approved until October 2014 (AFTER first making him do physical therapy for 4 months). The doctor said he would be off 2 weeks after surgery. HR rep called the day afte...

    Timothy’s Answer

    Unfortunately, this conduct is not uncommon. But, that doesn't make it right. It is the doctor who makes the decision on when a patient is ready to return to work, not HR. The law in Missouri does allow the employer to require the employee to use vacation time and personal time for treatment. So, you may have to work with them on scheduling appointments. You do have the right to ask your therapist and doctor to exclude your employer or case manager from your appointments. I would suggest you talk to an attorney to straighten these issue out.

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  • My lawyer is taking 33%off of a settlement from person injury. It is work related injury and WC is taking over 1/2. I get 5,000?

    My lawyer is taking 33%off of the top of an Insurance comp. It is a work related injury. I was hit by a sleeping driver head on and suffered injuries. I have no leins or medical expenses outstanding. However workers comp wants a portion of the per...

    Timothy’s Answer

    This can be a very tricky area of law. There is a statute and some cases that define how the workers' compensation insurance carrier is to be reimbursed their expenses when there is a recovery against a third party, negligent drivers. The amount varies depending on the facts of each case. Have you already settled the workers' compensation case? Are there future medical issues? Are you married? Can any fault for the accident be attributed to you? All of these can make a difference on the subrogation interest of the workers' compensation carrier. I suggest you sit down with your attorney and discuss these issues or contact an attorney who specializes in workers compensation for a second opinion.

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  • What is the expected timeframe on the wait. After Workmen's Comp. situation after a maximum medical improvement

    My shoulder was hurt after a work situation I've already seen doctors talk to you I have a private attorney I just want to know what the wait. As for the settlement

    Timothy’s Answer

    It really depends on how serious your injury is. If the case is uncomplicated, it doesn't take long. If you need to be sent for an independent medical exam for a disability rating, it could take 6 months to a year.

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