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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89589
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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i was hurt at work twice, the first one 08\10\2010, i went

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i was hurt at work twice, the first one 08\10\2010, i went back to work and re injured myself on01\04\2011. i hired an attorney and continued going to the doctor. since i hired the attorney, i have had 5 different paralegals and three different attorneys. well the last attorney i dealt with was kind of satisfying with my case and was telling me that things were looking good and i would be able, he thought to keep my medical and reopen the case in the future. well he has recently been fired, and the attorney i originally started with is on the case now. he called me with a crazy settlement number and i turned it down. when he called me back he told me that i didn't have a chance at all of winning anything else but what he was telling me. 24,000.00, and no chance of reopening, and no medical..my attorney is real good friends with the supervisor of the company i am suing. i know what is going on, but there is nothing i can do about it. i guess there is a couple of questions i am trying to ask, #1 what is the statue of limitations on a compensation case in the state of ky, and if i agreed to the offer on the phone, and have signed no papers, can i change my mind and not take the offer? and one more please, how should i deal with this situation? my injury is a lot worse now than when it happened and they will not ask compensation to approve anymore tests for me. the evidence they have (MRI) shows herniated discs among other things. but it was done over a year ago, and like i said, my injury has become much worse. but the attorney i have is not at all concerned with getting things taken care of..can i get a new attorney at this point? and also the attorney i have is really rude and short with me. thank you, XXXXX XXXXX
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
One thing employees fail to realize is that workers compensation cases are not the same as personal injury cases and do not have the same value to them because you are not entitled to pain and suffering damages, only damage for any permanent injury based on your permanent disability rating plus any outstanding or future medical care.

I do not know why he is saying there is no chance of reopening for medical. There is a 2 year statute of limitations to file a workers compensation suit from date of injury or date of last payment, whichever is later. See: KRS 342.18.

You can get a new attorney if you choose to evaluate your file and evaluate the value based on your disability rating and determine what your attorney is doing and if their calculations are proper.


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Customer: replied 1 year ago.

you answered most of my questions as needed i do believe, but one i need answered also is, the attorney had me so upset for the way he was speaking to me, and telling me that this was all i would be able to get, that i didn't need to go in front of the law judge, because he was sure i would lose my case and get nothing. so am i now obligated to take this offer because i told him i would go ahead and take it?

Expert:  Law Educator, Esq. replied 1 year ago.
If you have not signed any agreement, you can notify him you changed your mind and are not going to take the agreement and do not want to settle for that amount, but you need to do so as soon as possible so he does not submit an agreement you verbally agreed upon only to have you refuse to sign it later as this is not only embarrassing to the attorney but frustrating and a waste of their work putting together the agreement which can also make them withdraw from your case and refuse to further represent you.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89589
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

can i sue the company itself after my compensation case is over in order to receive medical?

Expert:  Law Educator, Esq. replied 1 year ago.
No I am afraid that your only claim against an employer for work related injury is under workers compensation and if this claim is settled then your claims would be over. If you re-injure yourself at work, then you would have to open a new workers compensation claim which they would be liable to pay.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89589
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 3 other Legal Specialists are ready to help you

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