Threaded Mode | Linear Mode

IRONMOMMA · 08-17-2008, 07:50 PM

My husband was injured on the job back in 10/07. He is an ironworker and fell 4 stories off a football stadium that he was working on and sustained several injuries. He has had several surgeries and is now finally coming upon his final Dr visit to determine the "impairment rating". We have not had an attorney up to this point and we are wondering if this is the time to get one being that we have already done all the leg work ourselves. What have y'all done in the past?

Bad Boy Bad Boy · 08-17-2008, 08:04 PM

If he is going for a rating, that might mean your asking questions about would you need an Attorney to then complete the settlement process. If that's the case, all I can say is, how will you know the settlement is fair, is low, or is in the general ball park area. I have no clue. But surely you maye be bargining at one tome or another, and the one he will be dealing with then, will be an Attorney. Being said, if it comes to that, is he capable of dealing with this, at an Attorney level.

Then you can decide.

sparkey · 08-18-2008, 06:42 AM

I can answer that question. I did everything all the way up to my IR and then when my doctor who was also a OCC med doctor that was certified in AMA guidelines did my rating, he came back with 32%. Of course the IC did not like that and sent me to their own doctor whom they paid big bucks to lower my rating and take away my medications. Paying for that is. He was a hand surgeon and only dealt with sport injuries. Did not have anything that said he was qualified for AMA guidelines.

I made the mistake of never getting a lawyer involved. This is the point where arguements happen about ratings and if there is medications still needed for his injury. The IME doctor the IC paid said I had recurring carpal tunnel that showed on my EMG. I had the surgery before and he felt that I did not need any narcotics for that condition nor felt that this injury caused my depression and that all medications should not be paid for anymore. He did give me a 10% because of my EMG report.

I had to go to court because the labor board felt it was a big difference in ratings. They held my payment of 10% till after the hearing. I went by myself ( pro-se ) and faced the lawyer and labor board to tell my side and answer questions. They found that the IC doctor was more credible.

Now I can appeal it or not. I chose to not appeal as it would be hard to fight for anything more than 10%. IF i hired a lawyer and got more , most of it would go to the lawyer anyways, so why fight and go through more depression to drag this out? I have my own personal insurance with my new job that pays for my meds. I will use that and continue to let wc pay for my treatments until I hear something different. I am still waiting on my 10% award.

I would definitly get a lawyer involved at this point to fight for what your husband deserves. The IC will dispute the rating if it is high and send you to their own doctor. Possibly take away paying for the medications. I wish you luck, and start interviewing lawyers NOW! You will wish you did. I am one that had experience fighting this without a lawyer. I never had trouble with anything till I saw their IME doctor. After that, all things broke loose.

08-18-2008, 09:16 AM

I am, of course, bias, but it is my opinion that an injured worker is always better off getting a competent WC attorney involved as soon as possible. If your husband is a member of the United Steel Workers, his local may be able to provide him with a list of attorneys that other members have used with good result.

sparkey · 08-18-2008, 05:10 PM

If I was to appeal the decision now, which I still have 10 days left, would I have to pay the lawyer the 10% that I have coming to me already? I was just diagnosed with RSD last month from my pain management doctor and know that it is very hard to tell if one has RSD. There is a few test out there, but feel i might not be able to win this battle alone and would need to find a good lawyer in NH. Would anyone out there know of a good wc lawyer in the NH area?

I know I have said many times that I give up, but sometimes deep down in my gut I feel they are getting the best of me and getting off easy. Any help would be appreciated. It is still not to late.

katicabogar · 08-18-2008, 05:48 PM

Sparkey,

I know for a fact that you don't have to share your 10% with lawyer, only the difference between a higher rating and the 10%. In some states, lawyer takes 20% but in my states it is 30%. I think it's not too late for you to appeal and start fighting the RSD with the help of a good lawyer.

Kat

sparkey · 08-19-2008, 05:34 AM

Thank you Kat. I need to check further into it. I just wish I knew a good NH lawyer right now to speak with.

stiffnecked · 08-19-2008, 08:42 AM

It's amazing how all the State WC are different in attorneys fees. In my state if you hire a lawyer and you win or are awarded benefits then the insurance company has to pay the attorneys fee. That's how it should be. If the IC denies the IW benefits then they should pay if they lose.

jayne · 08-19-2008, 09:21 AM

sparkey Wrote:Thank you Kat. I need to check further into it. I just wish I knew a good NH lawyer right now to speak with.

PM Timothy Belt and ask him if he knows of one there

Truckster · 08-20-2008, 10:09 AM

FIRST OFF,ARE YOU SURE THAT YOU EVEN WANT TO TALK SETTLEMENT AFTER AN INJURY SUCH AS THIS,LORD KNOWS WHAT ELSE COULD POP UP AFTER TIME AND NOT KNOWING HIS EXACT INJURIES,IT WOULD HARD TO SAY,BUT THERE COULD BE UNDERLYING HEAD INJURIES,JOINT PROBLEMS,BACK PROBLEMS AND THE LIST GOES ON.I SAY GIVE IT A FEW YEARS AND SEE WHAT HAPPENS WITH HIS BODY BEFORE YOU SETTLE BECAUSE AFTER YOU DO,THATS IT YOUR DONE,AND THE REST IS UP TO YOU TO PAY FOR!!!!!!!!!!!!!