Do I really need a "lawyer"

[pote2002]

Ok, here goes….do I really need a lawyer?

I live in Ohio, was working for a company in Kentucky, when I was injured.

From the day I was hurt, WC and the IC have paid my TTD and expenses with no issues. They have approved all medical procedures necessary to improve my quality of life including my knee replacement on September the 4th.

However, my company let me go after exhausting my six months of “family leave”.

I’m sure that part of the reason I have a good relationship, is that I don’t have a lawyer.

If the consensus from this group is, I should retain legal council, is it too late?

[Still in Limbo]

Pote, I hate to say this but a Company letting an injured worker go is a common practice, although I Personally think it's a shame to be let go, only because you got injured working for them. If Your State is an "at Will" Employment State, which most are, there is nothing you can do unless you can prove without a doubt and have some form of evidence that you were let go solely because of your injury. It's illegal to Fire an Employee because they were injured, most Co.'s will use some other sort of excuse so they cover their A** so to speak. I Personally feel, my opinion only, if things in your case are starting to feel uneasy or you think something may go wrong, or if you think being let go is the beginning of the "Games" you have seen so many of us go through, you should strongly consider retaining a w/c certified Attorney. I retained my Attorney early on, at about the 6 Month Mark you are at now, and he was very Happy that He got into my Case in the early stages, before I made too many mistakes or wrong decisions. He's been able to Guide me through everything w/c has thrown at me, and my case is very strong because of that fact. Sometimes People wait until things start to go really wrong, and the Attorney's hands are sometimes tied, because too much has been done wrong, and they can't correct past Employee errors when dealing with w/c. So with all of that said, I would strongly suggest you retain Counsel Before your Surgery, it's not too late, actually this would be Perfect Timing! I Hope this has Helped Pote, I'm very happy that I retained my attorney when I did, I have had so much thrown at me in my case I know for sure I would have screwed it up if I would have tried to Handle it myself! Have a Great Day!!

[jayne]

My husband did not have a lawyer thru his whole case......he had 4 surgeries on his arm.........got medically retired.......went from a 12 to 14 hundred take home a week to 360 dollars....they paid everything on time approved everything and gave him 64,thousand as a comp and release and 30 percent disabilty...at the end of two years.......1/2 of which the kept because they paid him PPD for awhile and that comes outa your settlement...he has a permant lift restriction of 10 lbs on both arms.....
I on the other hand had to fight like hell.....retained an lawyer went thru hell for 2 1/2 yrs one surgery that failed ended up with 3 busted disc in my neck and 3 in my back went from a 660 dollar a month job(part time) to 115 dollar a week and ended up with 98 thousand in my pocket after lawyer was paid.....you do the math. I believe we should have gotten him a lawyer....

[dsny1mom]

Pote

I had the same situation as you, they had been paying my medicals without question, sent TTD on time in the accurate amount and approved medical proceedures. My one differance, from you, is shortly after I got hurt the case worker told me I should direct all of my questions about my health and care to her or the nurse they sent with me to appts and NOT to my Dr. That to me was a red flag and I hired an attorney.

Here is how I see things... It really is a double edged sword.

The up side of having the lawyer for me is the IC knows that if they try to deny benefits that counsel is all ready in place to come to my aid. So my lawyer has been somewhat of a saftey net for me, kinda like private insurance.

Case in point... I got my letter from my employer stating that my FMLA is up and since my DR said my restrictions would be permenant I no longer am able to function in the position I held. (side note: this is not correct it was the IME that said my restrictions would be perm my Dr is saying we won't know that for perhaps another year or so, since I just got the letter yesterday, my lawyer won't know about their wrong wording until Monday) So therefore my employment was severed. The letter also stated that I am assured my WC benefits would not be effected by this. My understanding is that when an employer releases you some companies IC's will try and force MMI, through carefully selected IME's, to get your benefits to end. So in my case I feel having that saftey net has been a good thing.

The other thing, in my state atleast, is that when it comes to settlements the IC will offer you the lowest amount that the commisioner most likely will approve with the IWs signature on it. There is apparently a range and a lawyer will fight for the higher end of the range, using case law, and the IC will fight for the lower end. This is the point where the lawyer will most likely earn his keep, so to speak, if the time up until settlement goes smoothly.

Case in point.... I already settled for my broken toe. I did that on my own. I was given a permenancy rating of 20% loos of my toe. When I went to the commision to sign off the lawyer from the IC came right out and told me that he thought what they offered was fair, but certainly not the max I could have recieved. If I had had my lawyer jump on this case, I probably would have recieved more, but geesh it's just a broken toe. Now my shoulder injury that is a WAAAAY different story as that injury has changed my future signifigantly.

The down side is that once I hired an attorney all communications with the IC's claims adjuster and me ended. They will only speak to my attorney. Personally I don't like to use a middleman.

Also I think the entire IC and their offshoots (case managers, nurses, etc.) look at youu differently. I know when I went to a new Dr when I fell off the chair the nurse that the IC sends told the Dr I had an attorney. I guess she thought he'd think lesser of me if he knew that.

The other point I don't like is that the perception with some people is if you do hire an attorney you are just trying extract more money from the IC than you actually deserve. These people don't have a clue what an IW goes through and when they are told you get no compensation for pain and suffering, you can loose your job for not being well enough soon enough for the employer and that you can't bring charges against your employer, even if their choices caused your injury, they then have a better understanding why lawyers are hired. But for those people that don't know these things, they sometimes think all you are trying to do is get compensation you don't deserve.

So there you have my take on to hire a lawyer or not. Sorry it was so wordy!

dsny1mom

[sparkey]

sofar i do not have a lawyer. I am in NH and was thinking about one and even called one to set up an appt. but backed out at the last min as i am unsure if i need one or not yet. Things seem to be going pretty well at the moment , but i am getting to a point where it has been 8 months now, and my OT/PT therapy's have ended and i am left to heal on my own with tendonitis/carpal tunnel recurrance. I am still not able to use my dominant hand and have severe pain 24/7 that sofar i am not able to do my normal career because i drop things.

I have just been sent to light duty monday and worked a full week. I am now offered a job under my doctors restriction but with a new company that wants me to start after labor day. I plan on giving my notice this week. Am i still entitled to workers comp with this new position? And also if i had to give up my career because of my hand and what i did before, am i entitled after they have me at MMI to recieve an award for my loss of career and hand function? Will they still do an evaluation to see my loss? Also my case manager i have mentioned that i will no longer be able to do my job and she keeps saying to stop thinking about that as i have 18 months to heal. Anyone have any answers to any of these questions? I know i have posted before but i am still confused with all this stuff that i still do not understand how the system works. Thank you for all that helped.

[dsny1mom]

Sparky

I wish I knew the laws of your state, but I don't. I live in Illinois.

You say you still have major problems but your PT was ended. Who ended it? Did your DR say no more or did your IC say no more. If it was your DR and you still can't use your hand then I'd be looking for a 2nd opinion. If it was the IC that said no more PT then I'd be looking for an attorney.

I'm not 100% sure but I think if you are offered a postition within your restrictions and you turn it down then your TTD will end. That is if you are getting TTD.

I do know that if you are no longer employed by the employer whose IC you are recieveing benefits from, in my state, it has no effect on your benefits.

If you were to take another job and then not be able to do the job, I have no clue if your TTD could be started again, or if a lawyer would have to fight for reinstatement. I'm interested in the answer to that question, as well. I'll be starting a new job soon and if I start and then find that it is more than I am capable of doing have I just lost the ability to get TTD? Geesh this stuff in like walking through a maze in the dark. LOL

dsny1mom

[Pooh]

First off sparky - stop thinking that the nurse case manager is on your side for she is no - she is on the side of who pays her and in this case it's the IC!

If the doctor order PT and the IC denied it - then clearly the games are starting with you - sorry to say this. As far as taking a job within your restrictions that is totally up to you. You are still free to do that if you so wish to do and you new employer is well aware of the fact that you may have PT to go to - i.e. if they change their minds and approve it.

However, if you are getting tpd (temp partial disability) to make up the difference - then that may end - not sure of IL laws here - since the company you worked for offered you a job - but you found one that was within your restrictions.

The thing is you can't let them think that just because you switched jobs that they are off the hook for your injury - they will try and forget you if they can. So you will still need to do follow ups with the doctor and make sure that the doctor makes note in his records that the PT was denied by the IC. You will also need to request that the Adjuster not contact you at your new job unless it is necessary because they will call continuously if they can. the same will have to go for the NCM. You will probably have to send a letter out certified if you take the job. Make sure you keep a copy of the letter for your file and make a

cc:personal file

on the bottom of the letter so they know you have a copy of it.

As far as taking 18 months to heal - no one can tell how long it takes a human body to heal as it takes each of us a different amount of time to heal. Some of us heal quicker than others - and some of us never heal completely. Some of us live in some sort of pain daily. Trust me 5 yrs later - I would rather be healed than still having to do PT to try and get muscles to work that their Physical therapist messed us by putting me in work hardening by doing what the doctors wanted without x-rays or mri's. Even after the MRI and they knew what was wrong they still had me in work hardening. So now I suffer because my body compensated for itself to ovoid doing more damage to the area that was already hurt.

[sparkey]

The reason i do not go to PT anymore is because my shoulder is really not as bad as it was when i started about 3 months ago. I was ordered the last time i went to the doc to go 3 more weeks 2 x's a week and i was okay with it. As far as OT i was going 2 x's a week for almost 6 months with no help. I recieved a TENS unit that the IC bought for me to have at home which is the same thing they were doing for me, so that was a mutual agreement that i finished going to them. I can do my treatments at home and the NCM said that if i felt a need to go back to OT i can. So those therapies were mutual agreed on to give up now. They really have not helped and caused me more pain to drive to them 4 times a week.

As far as the new job, it is my husbands work. He will be my boss and knows what i can and cannot do. I will mostly be doing verbal orientation for new employee's and showing films, ordering luncheons and going to fed x and UPS during the day. Nothing that will hurt me he said. I do not want them to contact and harass my new employment. So, someone said i need to send a letter to who? I would be very upset if they contact them as i do not want to lose this new job or cause trouble for my husband also. They will not have to pay any money at all as i will be making alot more money than i did at the last employment. All i would need is to go to the doc, and get med refills paid for. That is all i am asking them to do. Is to still treat me for my injuries. As far as the 18 month statement that my NCM mentioned to me. I guess they have to wait at least 18 months to see if i am able to return to my old job or not. I think that is what she means. Before i would be sent to a rehab or something which i am not going to need as i will be employed within restricitons at this new job making alot more money than i did before injured.

[vickinat]

I would definetly take advantage of a free consult with a lawyer. I waited until I was having too much trouble with the WC and wished that I had listened to friends that said to get a lawyer early. My figuring is that it won't hurt to check into it. It won't cost you anything.
Good luck
Vickie

[NewDriver]

Sparky, Here is the pointer for NH WC web site. Most of your questions are answered there.

http://www.labor.state.nh.us/workers_compensation.asp

You are entitled to PPD for any residual impairment you have once you reach MMI. The schedule for on hand is 128 weeks. What that means is say at MMI your impairment rating is 30%. You would take the 128 weeks and multiply it by .30 then you would use your current TTD rate and multiply it by the results of the first step. That is what your TTD lump sum payment would be.

You are also entitled to Voc rehab. NH dose not allow them to pay lump sum for future medical so apparently in a settlement you would want to keep medical open depending on what your needs are as far as continued treatment and medications.

As far as taking the new job as opposed to working LD with the old employer. It sounds like you will be way better off as you will be making more money. If that should happen to work out for you and you returned to a job making less money than at the time of your injury WC IC would pay you up to 60% of the difference of that wage and what you were making.

You would probably be better off to go to the web site and read the information for yourself. It will likely make more sense to you if you do. Like many of the others have told you before you get to the time to settle out your claim you will be wise to get a certifed WC attorney. Do not use one of those big box, TV advertising, firms as they are far from the best for WC issues. Make sure who ever you retain is a WC specialist. Which is an attorney that does primarily WC, not one that does WC as a side job. You want your attorney to be dealing with WC claims every day he works not just once in a while.

Good luck to you Sparky. As a fellow CTS sufferer I know what you are going through. You just be real careful with those hands.

ND