If my Workman’s comp claim has been approved, do I still need to
hire an attorney?
I’ve been approved for treatment and am receiving temporary total for a torn rotator cuff. I’ve been told , by friends, that I should have an attorney, even though things seem to be going OK now.
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on Friday, May 7th, 2010 at 2:40 pm and is filed under Worker Q & A.
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Well have your friend pay for the lawyer you don’t seem to need ?………and tell him thanks
ooooh youthpastor, that info is not entirely true. Once you receive
the wage loss benefits/TTD, and medical treatment, you are only
eligible for a cash payment IF there is permenant partial/total
disability resulting from THIS injury. Indemnity is not automatic
in any comp claim. WC laws are state specific. Rarely does an
attorney get a third of your award. All atty fees must be approved
and awarded by a comp court judge. Even if you are receiving
benefits now with out dispute, you should consult with an attorney.
Get a handle of the merits of your claim…there is no fee for
consultation. Unless this is federal employee. Not much luck
finding any atty for federal.
Whatever for? Just so you can pay the attorney fees?? Is the friend getting a kickback from the attorney?
Good Luck
Perhaps and perhaps not. It really depends on the situation that you are facing. First thing first is to keep very good records of everything that occurs. Doctors visits, therapy, consultations, etc. Also, copies of any correspondence concerning your condition, treatment or options, etc. The good thing about a torn rotator cuff is that it is a little easier to prove and ultimately not as costly to the company/workman’s comp as other injuries are. But, with good records, if something does fall off the track, you will be prepared to confront the issue. Don’t wait until something goes wrong and have to, in a time of stress, go through everything to prove what you are owed.
Absolutely, because just because you have been approved doesn’t mean your company won’t give you the runaround. The attorney will make sure the bills are paid and you get that paycheck from the company. One other thing and many do not know this. After you are paid your wages, and after the medical bills are paid, you are entitled to one last lump sum payout from the employer. I blew out a knee because of unsafe conditions at work. After it was said and done, I got another lump sum of 21000 dollars. The lawyer took his 1/3 so I got 14000 dollars, but that is more than I would have gotten without him. And the beauty was United Airlines couldn’t legally fire me over it, or retaliate at work when I came back.