Moved from "Ask an Expert": Need expert advice

[kathymawall]

My husband has been on workers comp since June 2007 thats when he injured his arm. I know thats not a long time, but he went from making around $1800.00 to $588.00 per week. We have four kids. I work only part time. We are about to lose everything.

He was a millwright. All of his jobs he had to travel. They were in different states. He was injuried outside of Denver Colorado. The company he worked for is out of Houston, Texas. The workers comp insurance company is located in Dallas, Texas. We live in Indiana. He signed Indiana workers comp papers. Is this true, it will fall under indiana worker comp laws?

Now lets get to the advice we need. My husband has seen two different doctors, had several xrays, three MRIs, and had physical therpy done. The doctors told him that they can not do anything for him. He has restricted movement in that arm. Also, he can not go back to that line of work. Last week he had a test done called Functional Capacity Evaluation. Two days later he seen the doctor, the test results show that he had restricted movement, and the doctor released hifrom care.
My husband is wanting to settle with the insurance. He is need of a lawyer which state do we get a lawyer from . Also, does anyone know of a good workers comp lawyers.

[jayne]

we lived in okla honey worked and got hurt in arkansas....they gave him the choice we went thru arkansas because of weekly cap on TTD checks...if you have been getting checks then someone has "picked" a state to fall under...please contact his HR person....in the mean time contact your credit cards,car and morgage people you may have disabilty insurance on them.....Our home morgage allowed us to skip 2 payments (they added it to the end of the morgage) and that was a help...contact the Sal army and churches in your area for help with gas,electic and food.....you must find out which state they have filed you in before you know which state to get a lawyer in as all are different........

[1171]

the real experts are the work comp lawyers and adjusters who handle lots of cases regularly in each particular jurisdiction. Some websites have work comp lawyers who visit their forums. this forum has some people with experience in various work comp issues from some states but few "experts".
My opinion is that your comp benefits have been paid according to Indiana comp laws. generally jurisdiction is decided based on the location at the time of the injury or the workers residence.
If the injured qualifies under both criteria they often can chose which to file under.
each state has a state bar website and most have an atty search function where you can select on area of legal specialty and/or city.

[kathymawall]

He has has signed Indiana Worker's Compensation First Report of Employee Injury, Illness. All he wants to get a job in a different line of work, but he can not work until his work comp ends that is Indiana law. The lawyer needs to be in Indiana. Is that right? Thanks you!

[jayne]

yep it is

[1171]

he can return to work any time he wants but they won't pay disability when he's getting a paycheck.
he should read the work comp handbook
http://www.in.gov/workcomp/attorneys/han...BK2007.htm
Contact the president of your local bar for a referal to compentent work comp atty in your area
http://www.inbar.org/content/localbar/localbarpres.asp

[Bad Boy Bad Boy]

Also, make a NOTE; Indiana also has what is called Caps, on Work Comp Settlements. Meaning each claim of injury is only allowed a set amount of money. And that is it. Always make sure all medical Bills are paid before you settle in that State, or you will have to pay those bills yourself after the settlement is done.

[imsckofit]

HMMMph!