Workers Compensation claims?

C

Club'nBabySeals

Where are my pants?
Has anyone had good experiences with any of the law offices in the St. Mary's / Calvert area regarding worker's compensation claims?

My father had an awful accident on the job at a construction site last week, and is possibly going to be in a wheelchair indefinitely; both of his arms are broken as well and he is going to require round the clock assistance for at least four months. His orthopedic surgeon has said that he'll probably never be able to do the kind of work that he does again. He's still in the hospital, and I'm trying to take care of everything for him....but I feel like I'm just going around in circles. Not only are the immediate medical issues a concern, but what about his future livelihood? If anyone has had experience with this sort of thing, I'd really appreciate your advice.

Thank you.
 
NeonImpact

NeonImpact

How You Doing?
Please don't tell me you're dealing with IWIF / Lynda Streckfus?

If you want more info on anything, feel free to call me. PM if you would like the number. I'm also battling one in Calvert County.
 
aps45819

aps45819

24/7 Single Dad
Step one is to file a claim with his employer. Make sure you describe the "moment of injury"
If it gets rejected, just about any lawyer will take the case but they get a percentage of the award.
 
kwillia

kwillia

n/a
aps45819 said:
If it gets rejected, just about any lawyer will take the case but they get a percentage of the award.
Click to expand...

See, this is the part that really bothers me about bringing a lawyer into the picture. I don't think it's fair that a law office gets to bank a large percentage of the money that is rightfully due the injured party. :ohwell:
 
aps45819

aps45819

24/7 Single Dad
kwillia said:
See, this is the part that really bothers me about bringing a lawyer into the picture. I don't think it's fair that a law office gets to bank a large percentage of the money that is rightfully due the injured party. :ohwell:
Click to expand...

Neither do I, that's why I suggested she file on her own first.
Save getting a lawyer until the claim is rejected. I filed for a knee injury, got rejected because I didn't describe a "moment of injury" properly. Got a lawyer, re-filed out the paperwork and they paid for the corrective knee surgery. Since I didn't get any disability payments, the lawyer got nothing.
 
cattitude

cattitude

My Sweetest Boy
kwillia said:
See, this is the part that really bothers me about bringing a lawyer into the picture. I don't think it's fair that a law office gets to bank a large percentage of the money that is rightfully due the injured party. :ohwell:
Click to expand...

They don't get a large percentage. Usually a third and it varies with workman's comp claims. It doesn't hurt to talk to an attorney to understand the law and what rights the employee has.

I worked with a good employment law attorney at my previous firm. Great guy. He's in Upper Marlboro. Let me know if you would like his contact information.
 
kwillia

kwillia

n/a
cattitude said:
They don't get a large percentage. Usually a third and it varies with workman's comp claims. It doesn't hurt to talk to an attorney to understand the law and what rights the employee has.
Click to expand...

I consider 30% of monetary compensation intended to cover the expenses and hardships of an injured party to be a large percentage. Especially if there is no question about the injury being incurred on the job. It's sad to think someone would have to "lawyer up" in order to get rightful compensation.
 
cattitude

cattitude

My Sweetest Boy
kwillia said:
I consider 30% of monetary compensation intended to cover the expenses and hardships of an injured party to be a large percentage. Especially if there is no question about the injury being incurred on the job. It's sad to think someone would have to "lawyer up" in order to get rightful compensation.
Click to expand...

30% is more for personal injury claims and they get 30% of the settlement which is generally over and above the medical expenses, etc.

Charges for workers comp are not cut and dried and often depends on the outcome of the case. Sometimes all that is needed is a letter.

Like I said, it doesn't hurt to talk with an attorney..consultations are generally free. At the very least the injured employee will know his rights should you not get a satisfactory response from the employer.
 
C

Club'nBabySeals

Where are my pants?
aps45819 said:
Step one is to file a claim with his employer. Make sure you describe the "moment of injury"
If it gets rejected, just about any lawyer will take the case but they get a percentage of the award.
Click to expand...


The employer filed a claim as soon as they got the call that it had happened--there's no question that it occurred while he was on the job (and there are multiple witnesses).


So are people suggesting that a lawyer is not necessary?
 
D

dontknowwhy

New Member
Liebowitz & Band
Wheaton MD
301-942-8378

This was the firm that handled my case.
It was their very first Worker's Comp Case so they learned a whole lot about worker's Comp Right's like:

Re training for a new career
Checks don't stop just because he goes back to work...checks keep coming until the case is SETTLED & CLOSED

and 1 thing they discovered & informed me of:
In worker's comp cases, the Law Firm's fee is capped by the State at $10,000, not 1/3 of final settlement...

It took about 7 yrs for everything to be final...patience is a virtue in this matter
 
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