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  1. #1
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    Mar 2020
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    Default Advice, Concussion, Do I Need a Lawyer

    I got injured in the warehouse at work, I was trying to look for a product and when I went to lean down I hit my head on a steel beam. I instantly saw nothing but black, got a headache with a knot and it took my breath. A fellow employee was with me at the time and wrote a statement about hearing my head hit and me grabbing it and yelling in pain and they have also reviewed the video footage and seen the exact action as what my coworker wrote in his statement. The aisle and area in front of what I was looking for was also being blocked by pallets of product which gave me just enough room to slide in between of the pallets to even find the product on the first place, which also meant that the lighting in the area was blocked, therefore making it hard for me to see anyway. My manager was made aware of the injury and I went home. No incident report was filled out and I didn't go to the Dr. Fast forward to the third day and the pain has sky rocketed, I can not get any relief and have a terrible headache. I try to go into work and the same manager suggested I go to the Dr. So I go to the er per her request, Long story short, a CT scan and MRI later....I ended up with a concussion and some swelling on my brain. They call her and ask if she wanted me drug tested and she told them no it was irrelevant at that point. They er wants me to follow up with a neurologist due to the condition of the injury, and work is not wanting to pay to get me into see the neurologist. (It has now been 13 days from original date of injury) the symptoms are all still there, with the now added symptoms of constantly being tired but yet have insomnia, hard time focusing, occasionally forgetting things, and I am very depressed (as I assume most people would be after the injury, and now hassle of getting something done) I can not get anything done because I have no insurance, the regular dr can't treat me because of it being a concussion and the neurologist will not even see me until my work gives the okay. I also have discovered that the owner of the company is very upset with my manager for not following protocol and filling my report. What should I do???? Help!

  2. #2
    Join Date
    Oct 1971
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    5,118

    Default Re: Advice, Concussion, Do I Need a Lawyer

    Concerned111
    What should I do???? Help!
    Consult and retain a lawyer immediately - do not argue or make further statements to the employer or carrier, let your attorney deal with it.

    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.

  3. #3
    Join Date
    Mar 2020
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    Default Re: Advice, Concussion, Do I Need a Lawyer

    It makes me nervous to even think of getting a lawyer, I have never went thru anything to this degree. Although you are the 4th person to give me this same advice. Have you had (or know anyone) who has ever been through the same situation? If so what was the general outcome?

  4. #4
    Join Date
    Oct 1971
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    5,118

    Default Re: Advice, Concussion, Do I Need a Lawyer

    Quote Quoting Concerned111 View Post
    It makes me nervous to even think of getting a lawyer, I have never went thru anything to this degree. Although you are the 4th person to give me this same advice. Have you had (or know anyone) who has ever been through the same situation? If so what was the general outcome?
    That's code for I want to save attorney fees and do this myself with the help of an internet forum.
    What should make you nervous is the thought of facing a seasoned defense attorney in a court room when you have no idea of what you're doing.

    This isn't a "do it yourself" project, what others have been through is irrelevant to your case - each claim is unique.
    The general outcome is people who represent themselves lose the farm, the carrier has a seasoned law firm representing their interest - they'll chew you up and spit you out.
    This forum isn't intended to replace legal representation - all we can do is offer common sense advice and hope you take it.
    Good Luck

    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.

  5. #5
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    Mar 2020
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    Default Re: Advice, Concussion, Do I Need a Lawyer

    Quote Quoting tony View Post
    That's code for I want to save attorney fees and do this myself with the help of an internet forum.
    What should make you nervous is the thought of facing a seasoned defense attorney in a court room when you have no idea of what you're doing.

    This isn't a "do it yourself" project, what others have been through is irrelevant to your case - each claim is unique.
    The general outcome is people who represent themselves lose the farm, the carrier has a seasoned law firm representing their interest - they'll chew you up and spit you out.
    This forum isn't intended to replace legal representation - all we can do is offer common sense advice and hope you take it.
    Good Luck

    Tony
    Nooo I definitely do not want to do it alone, but I don't even know where to start, also with most lawyers I have looked into you don't have to pay unless your case is won, so technically I wouldn't think I would be out any money. I guess I'm just a "newbie" but I have never went thru anything even remotely close to this. So I am just nervous and scared about all of it honestly.

  6. #6
    Join Date
    Oct 1971
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    5,118

    Default Re: Advice, Concussion, Do I Need a Lawyer

    I 100% guarantee, because of the facts of your claim you won't stand a chance without a lawyer - they'll destroy you.
    The #1 mistake people make is waiting until after they've damaged their claim beyond repair to seek a lawyer - Don't mess with it, Lawyer Up!!

    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.

  7. #7
    Join Date
    Feb 2007
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    831 East Morehead St., Ste 355, Charlotte, NC 28202
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    3,778

    Default Re: Advice, Concussion, Do I Need a Lawyer

    Workers' comp lawyers all give free consultations and charge "contingent fees" which means you have no up-front costs to hiring one. I know literally hundreds of workers' comp lawyers around the country that represent only the employees and they are all nice people. Don't be nervous about talking to one. Just do your research and pick a good one with the appropriate practice area- workers' compensation ("personal injury" is a different practice area) and a few years of experience. A good place to look for one is the 'find a lawyer" button on www.WILG.org and the web site of Superlawyers.com is also a good place to look.

    What state are you in?
    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

  8. #8
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    Mar 2020
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    5

    Default Re: Advice, Concussion, Do I Need a Lawyer

    Quote Quoting complwyr View Post
    Workers' comp lawyers all give free consultations and charge "contingent fees" which means you have no up-front costs to hiring one. I know literally hundreds of workers' comp lawyers around the country that represent only the employees and they are all nice people. Don't be nervous about talking to one. Just do your research and pick a good one with the appropriate practice area- workers' compensation ("personal injury" is a different practice area) and a few years of experience. A good place to look for one is the 'find a lawyer" button on www.WILG.org and the web site of Superlawyers.com is also a good place to look.

    What state are you in?
    I am in Kentucky. I have yet to be able to work a full day since it happened. The MOD that was there when it happened had the audacity to tell me that since I haven't been able to stay all day that I needed to be bringing in Dr notes for me leaving early. Although if they had gotten me in the neurologist by now I probably would have had an excuse, so in all honesty I feel it's their fault I haven't and haven't gotten any better. (could be me being ill from still being in pain and no relief or could be the explanation idk, I'm over feeling this way and what's looking like not having any help or sympathy from them) The emergency room actually called me personally yesterday to see if I had been back to the neurologist yet. I told them no and that I have gotten worse, they told me I need to come in asap especially since I hadn't been able to get into the neurologist. Kind of concerned me that they called, I have been to er a handful of times in my life and never had them do a call like that. Any other help or advice would be appreciated.

  9. #9
    Join Date
    Oct 1971
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    5,118

    Default Re: Advice, Concussion, Do I Need a Lawyer

    The emergency room actually called me personally yesterday to see if I had been back to the neurologist yet. I told them no and that I have gotten worse, they told me I need to come in asap
    Any other help or advice
    Yeh, go back to the ER, get a doctor write up for no work, then hire a lawyer.
    You cant just sit back, complain about pain and do nothing - this requires action from you or you'll become another forgotten case.
    Don't know what other "advice or help" you're looking for but unless you get a doctor write up and retain a lawyer you're stuck with what you have and will possibly destroy your claim.

    I have yet to be able to work a full day since it happened. The MOD that was there when it happened had the audacity to tell me that since I haven't been able to stay all day that I needed to be bringing in Dr notes
    That's correct - you can't voluntarily remove yourself from the labor market then collect wage loss payments.
    That doctor you're seeing at the ER should be giving you disability slips to present to the employer, if not ask for one - without a "no work write up" they may claim you have an unexcused absence and fire you.
    If you give them just cause to fire you, you could lose your claim for wage loss benefits and possible medical.

    From what you're posting, you have a shaky claim at best, your actions aren't helping the cause.

    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.

  10. #10
    Join Date
    Mar 2020
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    Default Re: Advice, Concussion, Do I Need a Lawyer

    The thing is, I'm not super concerned about lost wages. I mean obviously I can't afford to lose money, But I am mainly worried about the getting into the neurologist, especially since I hit my frontal lobe. I went back to the er yesterday and they put me off 3 more days and said is it post concussion syndrome. I also just received my paperwork today about selecting my Dr for my treatment. So I am in the process of looking for a Dr. A step in the right direction.

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