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Workers Comp hired a lawyer?
#1
Bug 

Okay so I am very confused. I am in the final stages of my injury situation. I have a 8% loss, a permanent restriction of 10 pounds below shoulder level, and last week work let me go because they could no longer accomadate me. I went a saw my lawyer and he says he has everything he needs to start settling my case. Then he told me that we are no longer dealing with the workers comp company because they have hired a lawyer to help settle out my case.

I am in Kentucky. What all am I entitled to now and why would they have hired a lawyer instead of settling with us? Wouldn't this judge cost them more? Am I injured enough to be disabled if I can't find a new job?

Thanks for any help...
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#2

there could be a number of reasons: inexperienced adjuster; need someone more familiar with litigation and your comp court judges; seeking a negotiated settlement of all benefits.
whether it'll cost them more will depend on what is finally negotiated.
it's not whether you are disabled or find a job; it's the extent or degree of disability.
the duration of disability benefits increases with the rating; the maximum weekly rate increase with whether you can perform similar work.
more on Kentucky permanent partial benefits here:
http://www.labor.ky.gov/workersclaims/Pa...tions.aspx

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
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#3

Thanks you for your reply
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#4



I suggest meeting with a civil employment attorney who deals with ADA. I do not know if your termination was wrongful, but worth discussing this with an attorney well versed in these issues. There are time limits to do this.

I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
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#5

Thank you for your reply. I have researched this in Kentucky where I live and it says because KY is a free to fire state they don't have to keep me if they don't want. My lawyer is have someone look into my release to see if there is anything there though.
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#6

California is also an "at will" state too. Many have successfully brought action against termination due to not accommodating disability restrictions. Not everyone has a condition that falls under state and federal ADA laws...but some do.

I highly suggest discussing your situation with an attorney who specializes in employment and ADA law.

I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
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