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Does he need a lawyer?
#1
We live in TN. My husband fell on the ice while moving a truck back in the winter at work. He reported it immediately. Since then he has gone to their dr. and had PT. Recently did a MRI since PT wasn't working and they found a hole in the rotator cuff that requires surgery this August. He'll be out of work for 3 mos. I'm being told that we need to get a lawyer. Should we? They are saying that in the long run he could get a disability settlement, I just don't know which way to turn.
Also, this is the first time he has had to claim WC in the 18 yrs he's been there. What are we in for? How soon do they start paying the benefits? They've been taking care of the medical bills. I know they only pay 66% of your pay, when would that begin? He's been working this whole time, the surgery is scheduled for Aug. 24 2010, what do we need to be doing in the meantime? Thanks in advance.
 
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#2
if you have no problems with them then no lawyer is needed till time for them to settle.....a lawyer will take on avarage 33% of your check so until you need them dont .....your husband should talk to his HR person and get this all fixed up so you know what to expect also if you own your home did you get disabilty insurance on it? did you get disabilty insurance thru his job?(Aflack) on your car? credit cards?Is their a cap paid in your state for WC? is it less than the 66% Have you checked?when my husband got hurt his check was between 1200 and 1500 a week depending on bonuses but the cap for WC was 360 a week....not any where near the 66%....what a hit in the checkbook that was......good luck and any more questions come on back....
........I love cats, I just cant eat a whole one by myself......







 
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#3
a lawyer is not required to get benefits or "settlement". some employers interpret legal representation as being sued by their employee and resent it.
every situation is different. it's best to review the rules and benefits and let your husband make his decision based on his situation.
he can start here
http://www.tn.gov/labor-wfd/wcfaq.html
the carrier is required to begin payments within 15 days from the time the carrier is notified he is off work.
the first 7 days of disability is not paid until/unless disability goes beyond 14 days.

more information on benefit payments here
http://www.tn.gov/labor-wfd/wcfaq.html#WCclaims
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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#4
Let me make a correction on this Thread. Tennessee

Attorney fees for claimants are limited by statute to 20%, with certain larger fees subject to court approval. Not 33%......

If you don't have any problems as of right now with anything there isn't much an attorney is going to do for him. If he runs into problems such as they deny something, then yes, you should then get an attorney.

Who told you or your husband you need an attorney?

http://www.state.tn.us/labor-wfd/wcomp.html
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#5
No need for a lawyer.
 
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#6
Bad Boy Bad Boy Wrote:Let me make a correction on this Thread. Tennessee

Attorney fees for claimants are limited by statute to 20%, with certain larger fees subject to court approval. Not 33%......

If you don't have any problems as of right now with anything there isn't much an attorney is going to do for him. If he runs into problems such as they deny something, then yes, you should then get an attorney.

Who told you or your husband you need an attorney?

http://www.state.tn.us/labor-wfd/wcomp.html

Believe it or not, a former pastor.
 
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