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Do I really need an attorney? Am I entitled to more?
#1
[/color][/font]Cancaneus Fracture:
I smashed my heel falling from a ladder on the job while painting a house Charleston SC. Nobody was really at fault. The ladder began to tip; I knew I was going down, so I tried to land on my feet. All my weight landed on my right heel on the concrete.
12 days in the hospital, three surgeries including an emergency fasciotomy. Several screws and a steel plate to reconstruct the foot.
I'm undergoing Physical Therapy now. But I must say; aside from a few minor glitches, they have been with me taking care of everything throughout this whole ordeal...
Im not looking for profit from an injury, but I also need to know my legal standpoint. Like am I supposed to receive some lump some?
Wondering...


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#2
I like your screen name....

Generally, there will only be a settlement payment if you experience some type of permanent impairment. If you recover completely with no disability rating from the doctor, you will not get a lump sum payout. Only lost wages (to the extent required by law) and medical payments.

Are you expecting a full recovery?
 
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#3
often serious injuries result in permanent loss of function.
when recovery is complete an impairment rating is done.
this will be used to determine additional disability payments.
an atty is not required to obtai permanent impairment benefits.
more information
http://www.wcc.sc.gov/CmsPortal/AgencyPo...inj_impair
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
Here are reasons to hire an attorney. I tried to keep out of litigation, but my claims adjuster filed the applications of ajudication; which threw me into the legal process. I was scared to do it alone, so I hired an attorney. I had interviewed several before this, just in case I would eventually need one. Good luck and my best wishes to you. WC is a long journey. Your Claims Adjuster is not your friend, but will make you think so. Your nurse case manager may or may not be a good one. I had a bad one, and now I have a good one who helps me. Tongue Tongue
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Worker's Compensation Litigation
While most injured workers recover quickly, and beyond making the initial injury report to qualify for benefits have no real awareness of the Worker's Compensation system, those more seriously injured may have difficulty with their employer or with the compensation system. Those workers may benefit from consulting with lawyers. Worker's Compensation litigation is generally considered to be simpler than traditional injury litigation, as it takes place in an administrative setting and may involve relaxed evidentiary rules. Attorney fees are ordinarily limited by statute.

Workers typically need to hire a workers comp lawyer when they are refused benefits to which they are entitled, are told that they can return to work before they are actually medically able, or are denied extended or permanent disability despite significant disabling injury. If your employer sends you to a doctor who declares that you are able to return to work even though you don't believe you are yet able, or tries to get you to return to work to a special job created to accommodate your injury, you should consider speaking to a comp lawyer right away.

The reason is this: while a typical injured employee does not know the law, a typical employer is very much aware of how the compensation system works, and how to terminate an employee's benefits. An injured worker who returns to work in a specially created position may well find that, two weeks later, the position is eliminated and he is laid off - but is no longer eligible for workers comp. Similarly, many employers utilize doctors who are much more interested in maintaining a good continuing relationship with the employer than with accurately diagnosing the employee - too many declarations of continuing disability will likely cause the employer to send injured employees to a different doctor. A lawyer can help you protect your rights when one of these "hired gun" doctors tries to block you from getting necessary treatment, cut off your benefits or send you back to work too early.

It is beneficial to go to a lawyer who handles a lot of Worker's Compensation cases. Typically, those lawyers will know the administrative judges or hearing officers who preside over comp hearings, and may also know the doctors and defense lawyers who are trying to block your claim. Using an attorney who knows the ins and outs of the system can help ensure that you collect the benefits that are due or, if you are so inclined, get a maximum pay-off to settle your compensation claim.
Let Go, and Let God......
 
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