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State Attorney or Private Attorney? - jdx4 - 01-20-2008

The time has come for us to speak with an attorney. In Nevada there is the Nevada Attorney for Injured Worker's or we can go to a private attorney. I wondering which would be best. The nevada attorney is free which is a big + but do they fight as hard as a private? Also would the time line be the same since they may be bogged down with tons and tons of cases? Is this something offered in the other states as well? Here is the web site for the NV attorney if anyone would like to look at it to help me. As I have said before I'm not real grea with legal terms. Hopefully someone out there has the answer to at least one of these questions. Thanks for the help.

http://naiw.nv.gov/index2.htm


RE: State Attorney or Private Attorney? - stiffnecked - 01-20-2008

It depends on how complicated the case is. If the issues are fairly simple then by all means go to the public state attorney.


RE: State Attorney or Private Attorney? - ksgirl - 01-20-2008

I didn't read the entire site, but it sounds to me like the NAIW is there for people when it comes to appeal time.
NAIW attorneys do not shepherd a case through the claims process, but handle a case once litigation reaches the appeals officer stage.

I think you would be better off with a private attorney. I know I would have been lost without mine.


RE: State Attorney or Private Attorney? - jdx4 - 01-20-2008

Stiff - Complicated how? Are you talking injuries or the accident or both probably. He was in a single car accident on his way to work and they are going to deny him because he was not on the job site yet. Would that be considered complicated? This is our first WC experience so we have no point of reference. Thanks

KS - They are going to deny his claim. I think we just got the formal letter stating that but we have not pick it up yet. So wouldn't this be appeal time? I generally consider myself to be a relatively intelligent person even though I forget how to spell sometimes. Anyway, 'handle a case once litigation reaches the appeals officer stage' what does this mean exactly? I don't know what stage we are at now or how to get to that stage. I guess the lawyer we are meeting with tomorrow will explain it all but I'd like to have some idea which way is up when we go in there. KS, thanks so much for taking a look at the web site, means a lot.


RE: State Attorney or Private Attorney? - ksgirl - 01-20-2008

I'm not sure what stage you would be at either. Can you call the NAIW and ask them if they would be able to help your husbands case? They should be able to tell you whether you are at the stage when they can help or not. I'm not sure if wc would cover his accident since he was on his way to work or whether their auto insurance would have to cover him. A lot of vehicle insurance policies also pay for wages.


RE: State Attorney or Private Attorney? - jdx4 - 01-20-2008

Yeah that is what they are saying. (that they are not going to cover it because he was on his way to work) But our position is that it should be covered because...
1) It's his company vehicle used for company purposes
2) they provide the gas for the vehicle. not sure how relevant that is but I think it would be worse if he had to pay for his own gas or even just the portion to and from work.
3) his truck is pretty much his office, he does the majority of his work out of it and begins when his phone starts ring off the hook regardless of if he is on the job site or not.
4) He's a salaried employee so even though he has set hours he doesn't punch in and out. There is not set location he has to be at to begin work. He can start at any of his job sites, the main office, or, in our opinion, when he starts answering phone calls or emails. I'd have to kick his butt if he was emailing while driving though.

What do you think?


RE: State Attorney or Private Attorney? - sparkey - 01-21-2008

I would think that if he was in the company truck and on his way to work, once he gets in the truck to drive to work he is on company time at that point. Just my thought on this. It should be covered through his work as he was working at the time he was driving in to work.


RE: State Attorney or Private Attorney? - CJknee - 01-21-2008

I agree with you about the companies liability. A question they might ask is; Are you permitted to use the truck when not on " company time" ? Also, from what I read on the NAIW site the first thing they want to see is the denial letter. Then at that point you would be appealing their denial. That`s how I read it. There should be legal president on the books, this can `t be the first time this happened. Call both ,usually first consults free. CJ


RE: State Attorney or Private Attorney? - stiffnecked - 01-21-2008

The company car is tough. I've read some different opinions on these cases.
While driving the company car is he subject "to call"? Can he be dispatched from home to work during his off hours? The crux of the argument centers around what the "company" car is used for.

Basically if his work days starts the moment he steps foot in the car then yes, they should cover his injuries. For this kind of case your going to need an experienced attorney because you also have the third party liability issues to look at as well....


RE: State Attorney or Private Attorney? - Bad Boy Bad Boy - 01-21-2008

Might need to show the proff of phone records and e-mails. This then would show very good proff of what he does, and when he does it. This would be very important for the day of injury, to prove cause of working.