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what do you think please tell me
#1
hi try too nice im not that smart when it comes to certain things this being one....to be short I was hurt sep 2012 fell off roof and had a swamp cooler land on me . there was a witness and called it in to shop as well as coworker did he was trapped on roof .. boss begged me not to goto docs as he said I was just bruised there were 2 workers witness this and a sub contractor who has known my ex emp for 20yrs heard him but the pain didn't stop within months I used my own ins and then got on gov insurance had surgerys starting at 4 months 6 surgerys all due too this he new I did not have a clue to the way workmans comp work all he say was see you when your healed all the while knowing the job did it within that year of surgery and the accident . I told 5 doctors about this being an on the job accident its stated in dated doctor forms.. in az if a doctor is notified that a hurt on the job and your paying cash or ins that a form 102 is too be filled out .. I personaly filled 3 months past the 1 yr ..... but I personally was just filling thinking it was a petty fine for him not till they sent me info I saw what rights i had and that the lack of docs doing there forms to ica .and yes filled complaints to md and do board I also have a recording of shop manager fireing me due too not being able too work which I stated I could not work due to the accident at work. and then talk we about the accident and my surgerys also my time card I think had the accident writton on it which think he has too hold onto them for 3 yrs due to leave at work ill ask the judge for and the invoice of were it happen made a copy at the custumers house and wrote the accident down on it the same day we are at the point were our court date is june 18 I think I just had to do a deposition with the ins lawyer ..he told me that my boss is saying it never happened .but when shown all I just told you he ask if ide be willing to litagate is that the term? before the trial I said that I want to goto the judge as if he lies ive got him and his 2 employees who have prev been on a other comp claim and lied on it I will ask the judge to undo the 1 yr grace as I fall into to incampicited mental duress loop hole with house burning down and then the accident then the multiple surgerys and on the lack of docs 102 forms .and to do pergery charges as too my docs forms ,taped recording, his 20yr sub coworker friend ,my 4 witnesses prove other wise I also told him buy the way its been proven by multiple docs that 1st I can never do my trade again and 2nd never really work due to injurys also my feet doctor is putting in his forms that my feet were injured due to an exteme fall and cont walking without repair at that time and that damage is done .. this lawyer do they ask about litagation to every one or is it due to my uneek case .....what do you think ??? win no win ??
 
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#2
your case sounds complicated and has many issues.
most cases like that are settled rather then going to trial.
even if you win at the first trial, the employer can appeal and it could many months before the court is able to make a decision.
because it takes so long and involves a lot of work to get the evidence, most attys want to settle.
in the end you might win some things but lose others.
why do you want to go to court rather then settle?
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
(05-19-2015, 11:17 AM)1171 Wrote: your case sounds complicated and has many issues.
I suspect that it will likely be settled rather then going to trial

i have no lawyer so how could it be settled without my consent? I want the judge to see this mans shady ness im willing to do a lie dect test to prove I was hurt on the job .. lets see them try to pass if the judge has that power or the judge could contact the states air company to goto the house were it happened look at the unit and see the damage caused by fall ..plus I wouldn't know how much to get as my weekly pay was around $1000 a week . then the fact I can never work in that trade or yet alone work .I will have ongoing issues ortho and other wise poss more surgerys as we know one is needed on arm and again in knee.im hopeing for a judge too see I was wronged by him
 
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#4
since you are representing yourself--
do you know how to get your case to trial?
do you know how to get the employer to tell the court what happened?
it's been 3 years since your injury, have you been to court yet?
have you gotten any benefits from the employer or the carrier?
do you know that the employer even had workers comp insurance?

what I'm saying is that even if you are right and the employer is wrong and you can prove it; if you don't know how the system works, how to get evidence, how to schedule testimony and get it to the comp court you can still not win.
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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#5


I recommend hiring an attorney ASAP!
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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#6
hi ive tried an attorney but he felt because I personaly filed 3 months late dec 2013 that it would be too hard. wish I could find another but they all want the easy cases but then .. I started talking to the ombudsman at ica yes I know hes not an attorney but he can give advice showed him all my forms etc so mom / sister / wife / me have been getting shall we say alll the ducks in a row... so as far as case to trial this is the 1st trial it is set for june18 .. as far as getting the employer to say it happened from what I got from the deposition the lawyer from ins said hes saying it never happened that's why he tripped out when I showed him the docs forms were4 doctors and there lack of filing form 102 and a therapist for feet and I also stated in forms I was hurt on job that 1st yr ,the recording of shop manager agreeing to the accident and then talking about it .multiple witnesses called when acc happened. the co subworker of 20+yrs statement , an invoice copy, from day of accident I made a copy on the home owners printer and wrote what happened on back of it the same day ..also I think I wrote it down on my time card and poss had shop manager sighn it which cause I took a leave of absence 4 months after this accident 9 2012 by law he has too hold onto them for 3 yrs that would be sep 2015 I think 2yrs if I had no leave the owner may claim it did not but but I think the other two workers will confess as I have the one shop manager on tape and I will ask for the judge to file purgery charges against the ones that lie inc owner .. so yes I think I have my proof and now have a new copy he the lawyer hasn't seen my new ortho foot doctor statement were he states he agrees that my injurys were from a major fall etc from that era as if older it would of not been repairable at all so he agrees this happened around late 2012... I will submit my papers proof witness wanted etc by cert mail to the lawyer and copys of the other set to the ica which the ombudsman said hed help with it getting set up .. and yes hes got ins can you think of any thing else oh and im getting my pysch report which shows I was under exreme stress ...
 
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#7
I'm glad you are getting some help from the ombudsman but you need someone to manage the case day to day especially as it gets closer to trial. the ombudsman can't represent you at the hearing.
yes it is difficult to find an atty this long since your injury and with so many complications. I suggest you keep trying to find one who will help.
here are some places to look:
https://www.wilg.org/index.cfm?pg=publicdirectory
http://www.avvo.com/workers-compensation-lawyer.html
also contact the state bar for help with finding an atty to take your case.
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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#8
(05-19-2015, 08:49 PM)1171 Wrote: I'm glad you are getting some help from the ombudsman but you need someone to manage the case day to day especially as it gets closer to trial. the ombudsman can't represent you at the hearing.
yes it is difficult to find an atty this long since your injury and with so many complications. I suggest you keep trying to find one who will help.
here are some places to look:
https://www.wilg.org/index.cfm?pg=publicdirectory
http://www.avvo.com/workers-compensation-lawyer.html
also contact the state bar for help with finding an atty to take your case.

hi ive tried till face turned blue everyone just says it a complicated case wah it doesn't look that hard to me esp with the paper trail .. so I guess this will be a learning exp for us all I will keep updates for those who are interested making copies tonight to give to each ica and his lawyer also req subpoenas at that time along with copys of my med records and statements and proof once I do that sending the lawyer cert mail... ica ill go down there im done unless ica calls for a pre hearing ........some times we have only ourselves to stand by us even when were right .... swat 5/19/2015
 
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#9
well dropped papers off at ica dude says all looks right had me sighn a couple of papers the went to the baad guys dropped same copy of papers off and got a stamp that it was dated and said received on it .... so now the wait ......
 
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#10
you've never indicated which state laws are controlling your claim; all have websites with additional information on their comp system.
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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