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cantgetright | Had an injury at work, Should I get an attorney? |
Basically I fell off a delivery truck while going my job and fractured 3 verterbre in my lumbar, L2L3L4 but just the "wings" parts. I'm on comp, The DR says I'm gonna be fine and be able to return to work without any problems. I really dont trust him and have no experience with lawyers. I want to get as much compensation as possible. Its been a month and I am getting better but still on meds and still hurts.
Should I get a lawyer and how soon?
How much could I get If i did sue, I think I'm gonna have problems from this the rest of my life simply b/c I have had an injury in the past but just bruising and 8 years later it still bothers me but this is much worse.
thats why I want as much as possible so if I have problems in the future when I go back to work I can afford medical treatment.
Additional Details
I think the employer is responsible because the floor of the truck is always soaking wet with various juicesofrom fresh meat products and they offer no protection for your feet or anything from slippage. It is a hazzard position that ive did for 3 years now without many other incidents, It was just an accident waiting to happen.I THINK? |
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Sue
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First, be very thankful you are walking & NOT in a wheelchair, be thankful for what you have. I fractured my back in 2 places many years ago & never missed one single day of work. I considered myself lucky. I recovered 100%. I only treated a couple of months & it was more for checkups to make sure I was healing properly than actual "treatment". A friend of mine had the same type of fracture to the same vertebre that I did & is in a wheelchair.
If you need a second opinion, go to your adjuster & ask for another doctor. If you are going to a good orthopaedist, he should know if you can recover.
If you want to give away 1/3 of any possible award, get a lawyer. He cannot change whether you can recover or not & if you can return to the same job without issue, you probably won't get a payout on the WC. |
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mboromom2
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You dont need a lawyer unless your employer didn't have Workers' Comp. If they didn't, then yes go get a lawyer and sue them for medical and missed salary. If they did have Workers' Comp, all you have to do is call that company and talk to them. I deal with Worker's Comp claims on my job. It's a joke when someone gets a lawyer. I've never seen them get any more money having a lawyer. Our Comp company does everything by the book. If you are entitled to paid time off the Comp company will pay you for it.
Honestly, a lot depends on HOW the accident occured. Workers Comp will require you are drug and alcohol tested within 24 hours of the injury. Results of that also matter. You are entitled to see another doctor for their opinion and Workers' Comp will pay for that. |
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100% Organic Snark™
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Look in the yellow pages under "workers compensation attorneys". They love cases like yours. |
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yellow_tofu
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I neve had a work injury, but i think you need to look in to fault. In america you can sue for anyhting you want but you dont want to waste your time with a case you cant win. was you falling out of the truck any fault of your employers or was it your own fault. also if one doctor says yoru fine and should get better get a second opinion. As for the lawyer many of the offer free consultation. Give them a call and see if they can get your some money.
But only sue if your have a goodd reason. dont sue just to make easy money. it what is ruining this country, its immoral and makes the everyday person suffer b/c of the trickle down effect. |
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A decent answer
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Well you have the right to get an attorney. It's just up to the attorney to take your case or not. If you don't trust your doctor than you have the right to chose another doctor. In some cases some states allow only up to 3 or so, in the mean time you can ask an attorney or ask you adjuster about how many doctors you can have.
As for suing you can sue if you want, but if your expecting a big pay out of something like $1 million dollars than you better check to see if the medication is causing this delusion, in fact it all depends on your rating that your doctor gives you at the closing exam. Your doctor could give you 15% which could amount to $10k+/- heck, your doctor might see you at 0%. This rating is call a Permanent partial disability/impairment, or PPD/PPI.
Let's say you did get a lawyer and you didn't get a PPD award, your lawyer will end up getting a settlement, and the process could take a long time. You could come away with $5,000 but you might not get anything because you didn't have surgery. So how much of $5000 you'll get? Well after paying you attorney the 25% fee, you could end up getting $3750.
So in a nutshell, it's your right to get an attorney, you could get a PPD award, don't expect a big payout, but you never know, you could get get something. |
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coolbreeze
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you could allways talk to a lawer for free the thing is they usually like you to contact them right away so you don't say dumb things to the insurace co. but it's still worth a shot |
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