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pjm333 · 06-11-2010, 02:54 AM

I am presently out of work on workers compensation and I have a loss of use hearing coming up and I dont have a attorney. My case was never disputed so I didnt need one but will I need one for the loss of use hearing ? Thanks in advance for your help !

Patrick

hurt at work · 06-11-2010, 07:14 AM

It is in you'r best interest to have a lawyer if you are going to court because the other side will have there lawyer there,just my thoughts but I would have a lawyer there with me.

Cycler · (This post was last modified: 06-11-2010 07:55 AM by Cycler.)

I believe loss of use is a scheduled award in most states and so a fixed number so that there is nothing to argue about. Maybe see how it goes and if not well THEN hire an atty. Why pay for nothing ?

pjm333 · 06-11-2010, 08:23 AM

Cycler Wrote:I believe loss of use is a scheduled award in most states and so a fixed number so that there is nothing to argue about. Maybe see how it goes and if not well THEN hire an atty. Why pay for nothing ?

Hurt at work,Cycler
Thanks for your help, I am just going to go and see what happens, they can always tell me to get a attorney. Thanks again !

hurt at work · 06-11-2010, 10:38 AM

I am sure there will be a lawyer there for the other side my thoughts are that you make sure this fair for you when the papers are drawn up.For many reasons like SSDI if you have it or plan on filing you can lose a lot of money were a lawyer can word things to help save you money and it could be a lot of money.But then again these are just my thoughts.

pjm333 · 06-11-2010, 11:28 AM

hurt at work Wrote:I am sure there will be a lawyer there for the other side my thoughts are that you make sure this fair for you when the papers are drawn up.For many reasons like SSDI if you have it or plan on filing you can lose a lot of money were a lawyer can word things to help save you money and it could be a lot of money.But then again these are just my thoughts.

hurt at work,
Your right but been through this before and the lawyer got 1/3 of my loss of use and they didnt do much of anything. I do have some time to think so, thanks again !

hurt at work · (This post was last modified: 06-11-2010 02:02 PM by hurt at work.)

Ok but think about this,in front of a judge it is win or lose and the other way it is win and take the money??????????COULD be big or could lose it also.?????????????

Cycler · (This post was last modified: 06-11-2010 02:15 PM by Cycler.)

HURT:
I suppose the matter could be state dependent but loss of use in States I am familiar with is a scheduled award, meaning it is a fixed amount or percentage per body part and there isn't much discussion once actual loss is determined. So for instance a hand is amputated as part of a claim there isn't much to argue about, other applications for loss of use may be questionable, open to discussion and so may benefit from an atty.

I still think it's a waste of money on the face of the question and if the IW disagrees with the outcome then might consider an atty. I also think that calling and talking to a respected atty might get you exactly the same answer, again, jurisdiction dependent and assuming a straight forward loss of use.

hurt at work · 06-11-2010, 04:16 PM

Ok then but if it gets to a point that you do not understand things that are going on then stop this whole thing and ask to get counsel.Money is money and the law can get funny on you fast.It can not hurt to at least talk to a lawyer a good one will tell you the truth and I can help you with that!If you get to that point pm me I will help you and send you to a good lawyer.

1171 · 06-11-2010, 04:23 PM

sounds like you are arguing for peace of mind rather then monetary benefit.
if you already have confidence in your decision, then waiting until there is a need to litigate would seem to be a sound strategy.
Litigation like surgery is step you cannot undo.