For you to get all of the benefits you are entitled to, including some that the insurance company won't tell you about, you definitely need a workers compensation attorney. You pay nothing to have an attorney represent you. The fee for the attorney is a small percentage (10 - 15%) of the permanent disability award or compromise and release settlement. To make sure you obtain all of your benefits, you should immediately find a workers compensation attorney to represent you.
One never needs an attorney but one may sure as heck want an attorney. You're playing in a game where you don't know the rules, the tricks of the game, the players in the game. You're playing against someone (the insurance company) who plays this game all day long. They take training in how to play and win the game. They know the rules, the tricks and the players. Think you can win? Think again.
A rotator cuff tear is a serious injury. You sure may want to have an attorney to make sure that the insurance company doesn't pull any fast ones on you.
Remember, O.J. didn't need to have an attorney but I bet he's sure happy that he did (at least in the criminal case).
Find a good WC lawyer in your area by using the "Find a Lawyer" tab at the top of this page or by going to www.caaa.org. CAAA is the association for lawyers here in CA who represent injured workers.
I agree with both attys that have answered. You will have a better outcome if you have someone that knows the rules of the game.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
You are still waiting for an MRI. How much longer do you want this injury to interrupt your life, unnecessarily? Hire experienced counsel for this and all the reasons my colleagues have cited.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
You may want an attorney, but, quite frankly, I would tell you there is not enough information to tell you how beneficial an attorney will be.
If you are having problems with your doctor, an attorney may be able to help you pick another, If you are discriminated against because of your injury an attorney may be able to help you then. If you do not recover fully from your injury, an attorney can be helpful as well. if your treatment or diagnostic testing is being denied, an attorney can help you there as well. While other attorneys I am sure will disagree, I think you may want to wait until at least you have your MRI results and prognosis. Of course if the MRI gets denied, that may be a good time for you to seek a free consultation as well.
Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Each case is pursued differently based on its own merits. As such, there is no guarantee as to the outcome of any case. No attorney/client relationship will be established by contact with this AVVO communication or any messages or emails from Silberman and Lam, LLP. An attorney/client relationship will begin only when a retainer has been signed.
I agree with the others who have commented. You should seriously consider getting an attorney early on. I often see people who have tried to handle their own WC cases and the damage to the case is already done. The California WC system is one of the most complex areas of law in the State. So complex, in fact, that many attorneys won't go near these types of claims, but refer potential clients to someone who can handle them. Going it alone is ill advised.
It's your right to have a lawyer or not, so the short answer is no, you do not NEED a lawyer. However, some firms, such as mine, offer free no-obligation consultation so that you can have someone review the paperwork and tell you what they think is going on. These consultations are free, confidential, and you don't have any obligations that arise if you have a free consultation so you really have nothing to lose in getting one. Most firms have an 800 number, like mine, which is 1-800-824-2983, that you can call and talk to an attorney in person and have them review your case as it is right now for free.
If you're considering hiring an attorney in the future (i.e. after you stop treating), the sooner you hire someone the better. It costs the same whether you hire an attorney now, or later in your case.
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