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  1. #1
    Join Date
    Oct 2018
    Posts
    1

    Default Quadriplegic, Time is Running Out

    im writing for my sister. she is now wheel chair / bed bound due to her injuries
    background:
    State of Nevada
    fall at work 2014. cracked cervical spine. the start of issues. loss of balance, headaches, radiating pain. file WC claim
    continued to have multiple falls due to loss of balance. starts walking with cane, then walker. released by doctor to return to work, no limitations.
    employer refuses to file fall reports.
    WC refuses to pay until she has surgery. she had the surgery. conditions worsen. multiple falls (at work, home, public. multiple 911 lift assist calls). employer refuses to file claims.
    she is now a quadriplegic, wheel chair / bed bound.
    WC tried to force settlement 80k = $200/month. no checks have been cashed.
    she is rated 100% by SSI and receives medicaid.
    Lawyer hired (very non responsive to my sisters worsening condition)
    WC insurance (EXTREMELY non responsive to her worsening condition)
    (very short in a nut-shell history)
    Question #1:
    When can a Lawyer be terminated without compensation due to abandonment of client (30% if settled, 40% if court, 15% if change of attorney)
    Question #2:
    Can the employer be sued in civil court for refusing to file claims (witness statements of other employees on hand)
    Question #3:
    can the WC Insurer be sued for prolonging the process and contributing to her pain, suffering and mental anguish (she has considered "opting out", and is, I believe, only prevented from doing so because of her inability to do it: physically)
    Question #4: she requires 24hr care, who is going to pay for it. (if calculated to the age of 70, its about 2 Million) she has no vehicle to transport her and her chair to...anywhere.

    thanks in advance,
    Bob

  2. #2
    Join Date
    Oct 1971
    Posts
    4,936

    Default Re: Quadriplegic, Time is Running Out

    BOB C.
    Question #1:
    When can a Lawyer be terminated without compensation due to abandonment of client (30% if settled, 40% if court, 15% if change of attorney)
    Question #2:
    Can the employer be sued in civil court for refusing to file claims (witness statements of other employees on hand)
    Question #3:
    can the WC Insurer be sued for prolonging the process and contributing to her pain, suffering and mental anguish (she has considered "opting out", and is, I believe, only prevented from doing so because of her inability to do it: physically)
    No to all, worker comp is the exclusive remedy.
    The lawyer can be terminated but is still entitled to his percentage based on work performed.

    Question #4: she requires 24hr care, who is going to pay for it. (if calculated to the age of 70, its about 2 Million) she has no vehicle to transport her and her chair to...anywhere.
    Medicaid, you said "she is rated 100% by SSI and receives medicaid."

    Tony
    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.

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