time to get an attorney

[buildergirl1973]

i called the lady at wc handling my case, and was told the statute of limitations on indemnity had run out since it has been more than 2 yrs since they paid anything. i called an attorney and at first he said the same thing, but then he found out i still work for the same company. he says now they can call it a new accident as of my surgery date, i'm hoping he's right since i'll be out of work 4 months according to the dr. all this stress can't be good for healing for all us injured workers trying to heal!

[sparkey]

I agree with the lawyer and YES wc loves to make people that are injured even more stressed out and trying to heal. Something needs to be done to help an injured worker so that they do NOT have to go through all this mess while healing. Even with a lawyer you still have to deal with the *+++!!! Good luck.

[Still in Limbo]

Builder, the i/c will Take as Long as they can, and Yes, Stress is One of Their Favorite Dishes to Serve an Injured Worker!! My Best Opinion I can Give is to Make Sure You have Faith in the Attorney You Retain, and then let them do Their Work, and take the Stress from Yourself! I Trust My Attorney 110%, and it Feels Good to know I have Someone I can Trust in My Corner to handle the Legal Part of My Case, so I can Relax a Bit. I Hope You can Find the Same, and Best of Luck to You, and I Hope You Heal Quickly!!

[buildergirl1973]

thanks limbo and sparkey, hopefully i can find a good lawyer soon....what do they ususlly charge?

[Still in Limbo]

Most w/c Attorney's Work on what is known as a "Contingency Basis" meaning that they get Paid a Percentage (It Varies by State) on any Monies they Win for You. Some, such as Mine, do not Charge for Expenses, the Losing Party is Usually Ordered by the Judge to pay All Expenses and Court Costs. Others May Charge You as Expenses Occur, but from being around this for a While, those that would do that aren't too Sure of Winning, so You May want to Avoid them. Now I can't Say that ALL of the Attorney's that want Expenses Paid as they Occurred are Bad Attorney's, that wouldn't be Fair, but I Personally wouldn't Hire One that Does that. If at the Beginning they Only Have to "Maintain" Your Case, in other Words things are going Smoothly usually don't Charge unless they have to go to a Hearing or Court, again Depending on State, and Win for You. As You Speak with a Few You will soon be able to See how they Operate, and I'm Sure You will find One, There are Many Good and Competent Attorney's Out there! I was Very Fortunate in Finding Mine, and I Hope the Same Happens for You!!

[sparkey]

I agree with Still. My daughter was very ill at 18 and when she went through all her operations etc. due to medical malpractice she hired a lawyer that charged her for every stamp, paperwork they did, depositions and trips that this lawyer had to go on to film doctors on her behalf. She paid so much money as I did. I paid over 3,000.00 for vacations to NY that the lawyer said she had to go to in order to film a doctors opinion.

After almost 3 yrs. and two court hearings, the lawyer dropped her case instantly. I have no idea why as my daughter is of age and I was not informed why. Most cases that are won, the lawyer does not ask for money up front. At least the one's that I hear about. Make sure you talk to a few and make your decision. Do your homework and see how many cases this lawyer won etc. I wish you the best.

[buildergirl1973]

i spoke to an attorney on phone today, he said he would send me the fee info in the mail, bacically 25% out of weekly and settlement. then he said he would file the petition or something like that. he sounded too eager, does that make sense? i told him to wait on filing and i would get back to him next week. this is only the first lawyer i spoke to, kinda makes me leary. could use some more advice. thanks!

[1171]

it might be a WC-14
http://sbwc.georgia.gov/vgn/images/porta...2wc014.pdf
but I suspect it's a type of petition to the work comp court to open a litigation file on a new claim.
eventually you are going to have to have medical opinion supporting the existence of a new injury.
Generally the goal of comp litigation is a settlement and most settlements are contingent on the workers resignation.
if you are not looking for a buyout you need to make that clear to the atty early on.
Attys are generally not going to be a help desk or an information resource. They need to move many cases and get to the bank; time in court and time on the phone are not what most attys want especially if the case is small.
It's a volume business.

[buildergirl1973]

thanks 1171, i think that is what he was going to do. but if he did that that would mean i hired him right? and as far as the medical opinion, i had surgery on 9/26/08 the dr said it was necessary because it(right ankle) was unstable. i plan to go back to work doing the same thing(build furniture) as soon as i am able. i am not looking for a settlement, just want to be able to get paid till i can work again.

[1171]

as you reported earlier you are not eligible for temporary disability on the original injury and there has to be a new injury filing.
In georgia I believe you have to sign before the atty is officially hired.
make it clear to your atty that you are not looking for settlement and want to return to same employer.
P.S. many employers don't liked to be "sued" by their employees.