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  1. #1
    Join Date
    Nov 2011
    Posts
    16

    Default How to Get a Better Lawyer

    My workers compensation claim was made in the State of: Alaska

    I have been told by a board rep that if I've been injured for more than a year and I have and have had major life changing surgeries and I have (Artificial Disc Replacement) then that I should have representation to protect myself.

    Every Attorney I call will have absolutely nothing to do with me because I havenít had anything contreverted.

    I feel like I've been slightly under paid due to employer contributions to union pensions.

    Iím near certain there will be a settlement in the end because the neuro surgeon expects 3 more months of rest and then begin therapy for he estimates 6 months and he says you will still never be the same and will never be able to do your job again. So itís gonna be serious eventually even if it isnít now and there are things happening I need help with. Like Iím losing my health care coverage etcÖ

    Also you guy's have pointed out a couple times I should have a attorney.

    Problem is they all say "We can only bill you 300$ Maximum by law, so until something has been contreverted that we feel if we fight we could win, and that we feel due to winning we will get paid, then we will consider representing you"

    How the hell can I get a lawyer if this is the case? It seems insane that I cant pay a attorney to rep me?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,193

    Default Re: a Dang Attorney Bad and Cant Get One. Help

    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: a Dang Attorney Bad and Cant Get One. Help

    I need help with. Like I’m losing my health care coverage etc…
    If you are eligible for unpaid leave under FMLA, your job and ER paid benefits would be protected for up to 12 weeks/annum. There is no job protection in filing a comp claim.

    Most carriers writing GHP/Group Health Plan coverage only cover full time EEs... full time being defined as those EE's working 32 hours/week...you are not working, even though still an EE... if you pass the 12 weeks FMLA provides, your GHP can be dropped, and you'd be offered COBRA coverage. You pay the COBRA premiums, good for up to 18 months.

    Even if there is a statutory mandate for ER to continue GHP coverage... the key word is "employee", so if you are termiated post FMLA leave, you wouldn't be an employee any longer. Atty isn't going to get GHP continued, not even a WC judge has jurisdiction over that.

  4. #4
    Join Date
    Nov 2011
    Posts
    16

    Default Re: a Dang Attorney Bad and Cant Get One. Help

    Quote Quoting BvIA View Post
    If you are eligible for unpaid leave under FMLA, your job and ER paid benefits would be protected for up to 12 weeks/annum. There is no job protection in filing a comp claim.

    Most carriers writing GHP/Group Health Plan coverage only cover full time EEs... full time being defined as those EE's working 32 hours/week...you are not working, even though still an EE... if you pass the 12 weeks FMLA provides, your GHP can be dropped, and you'd be offered COBRA coverage. You pay the COBRA premiums, good for up to 18 months.

    Even if there is a statutory mandate for ER to continue GHP coverage... the key word is "employee", so if you are termiated post FMLA leave, you wouldn't be an employee any longer. Atty isn't going to get GHP continued, not even a WC judge has jurisdiction over that.
    So I'm just screwed then? I cant afford Cobra at approx $1100 a month. I have a amputated leg above the knee and have had both arms re-constructed and both shoulders re-constructed, had a broken right leg, among other injuries in a previous auto wreck. I had gone 10 years working everyday with no issues till now. I get along real good on my prosthetic. But losing my insurance is a HUGE, almost "Monumental" problem. My med's for the cut off leg alone cost 600 dollars a month. and this Neuro Surgeon expects I'll need one more opp and it's gonna be a good while before I'm back to work. This is freakin scary! I have to have insurance.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: a Dang Attorney Bad and Cant Get One. Help

    Contact your county social sevices dept...you could be eligible for Medicade if your assets are low.
    Your ER is not responsible for your COBRA premiums, regardless of your condition due to previous injury/illness.
    Have you applied for SSDI?

  6. #6
    Join Date
    Nov 2011
    Posts
    16

    Default Re: a Dang Attorney Bad and Cant Get One. Help

    Quote Quoting BvIA View Post
    Contact your county social sevices dept...you could be eligible for Medicade if your assets are low.
    Your ER is not responsible for your COBRA premiums, regardless of your condition due to previous injury/illness.
    Have you applied for SSDI?
    No SSDI, should I?

    Also, will Medicade count my Workers Comp Pay as a Asset or Income? I know the IRS doesnt???

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,938

    Default Re: a Dang Attorney Bad and Cant Get One. Help

    If you've been off work a year or more, or expect to be off work more than another year, you should make the application for SSDI.

    Medicade/state will determine what your assets are. All you can do is make the application for Medicade and see what the determination is.

  8. #8
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,808

    Default Re: a Dang Attorney Bad and Cant Get One. Help

    Your state legislature has made it so that folks like you cannot get a lawyer because the lawyer cannot legally be compensated for representing you. Your legislature did it on purpose to give businesses and insurance companies an advantage over workers on comp claims.

    Who you vote for is very important for injured workers, in every state in the Union.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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