After much discussion concerning “lawyers†in various post on this forum, I made an appointment with a lawyer after 14 months on WC. However, I am somewhat confused, about the conversation with him.
I have been paid bi-weekly since my injury, I have been paid “all†submitted mileage and incidental charges, he informs me that, is the law, “they have to pay youâ€Â, so they are doing you know favors. He also said that once I get my rating from the Doctor that they[/font] “have to pay me†625 weeks (not sure if that is the correct number) X weekly $’s using my rating percentage to get a final $ number. If it is law, do I really need him, “if they have to pay me.â€Â
Another thing that bothered me, he said he needed a couple of days to make sure he has no conflict of interest in my case, if he is a WC lawyer, why would he have a conflict dealing with WC or the IC? He asked for my SS, date of birth, and address, was he really just checking out my story, and doing a background check, if so, I hate to be lied too, and now I have trust issues with this guy.
Sorry for being all over the board with this, you guys are the only ones I can talk to about my problems, spouse is frustrated and tired from two jobs trying to support this family.
pote
he could be checking to see if his company is involved with the IC or employer in any way. That has happened in the past.
If there is no conflict of interest then there should be no problem, but sometimes attorneys, especially those in large offices may not know who all their clients of the firm is.
they by law have to pay you your rating but in truth whos rating is it theres or yours......their rating put me at 23% my doc rated me at 100% the judges doc rated me at 77%...it was a huge money difference......a huge future medical difference..and most likley got my SSDI for me.....sooooooooooooo you judge was your rating fair? if you think so you dont need the lawyer...My husband didnt ever need one for his case it sailed right thru.....mine on the other hand was hard fought and won.....This lawyer may also be making sure part of your settlement doesnt belong to another WC lawyer or a finace company he also has to protect himself......
Pote
Have you talked with other W/C lawyers as well as this one? Have you already signed with him to take over your case? It is a good idea to talk to to several before decide to choose one. I talked to several by phone and email(free consults), before deciding on mine. I hope eveything works out for you, and I know how frustrating it is to not have anyone to talk to about your problems.
This forum has been a godsend for me, and I have developed some very special true friendships with people here, and have had them be here for me, even if they didn't have the advice to help me, just to comfort and encourage me. They are now family to me. I hope you find the same results.
Good luck and hang in there.
Vickei
That's why it's important to know what state you are in -- the laws of each state are different. Workers comp is governed by state law.
Opinion;
If I am correct, (Conflict of Interest) meaning could also be, that Pote, was injured in one State, and yet applied for Work Comp in their home State, or State of employment. In general, I don't see anything that is being done wrong, and yet at the same time, I see the Attorney trying to be very straight forward and up front with Pote.
Now on another note ( It's said to be Law) so is a thing called the (The Right to Appeal) any issue performed in a hearing or Court Room.
(Ratings) are they fair, are they correct? Good question, if one is given a (EXAMPLE) rating of say 100%, and the IC's Doctor gave a Rating of say 50%. Settlement terms might meet the Rating issue in the middle of the two ratings to meet a quicker settlement. But if I was to be rated at 100% verbally by my Doctor, I would beg the Doctor to only put down 80%. (EXAMPLE) Remember CooksFamily? Husband rated at 100%. 100% rating in many cases will get you a check till you die, with no Lump Sum in the picture. Also lump Sums, are also many times discounted.
Being said, an Attorney knowing the legal system, is the only way to make sure a person might, (I say might) make sure your best interest is being taken care of.
As listed in my Bio, live in Ohio, was employed in KY, so WC claim is Kentucky. So where I live really has no bearing on my claim in KY.
not necessarily.
but if you have already filed under kentucky's work comp laws then that's the jurisdiction that will control your work comp benefits.
On the issue of conflict of interest, could be an attorney who represents both insurance companies and injured workers. Happens in Florida alot. If they happen to do work for the insurance company that has your claim, then they can't represent you. Not saying this is the case but it is a possibility.
One thing i have found out since being injured and dealing with W/C and the IC is that they do not have to pay you. Just because you are injured on the job does not mean you will get W/C. You are being paid so that is a very good thing seems things are going smooth for you. But having an attorney will make sure you are getting everything you can legally. There is so much that the ic can do to you remember they have teams of lawyers looking out for there interest so us as injured workers should have some one looking out for ours Good Luck