My husband was injured at work on 8-17-2011 and we are having a horrible time dealing with the work comp insurer (broadspire). He has had 2 AME visits in which the doctor has stated that the injury is 100% industrial. We do have an attorney but seem to get no real answers out of him. My biggest question is what do we have to do to get them to actually begin paying temp. total disability payments. As of this date My husband is simply getting state disability. I have had to much of the work for the attorney myself, they could not seem to figure out how to get out of state medical records, so I spent 2 hours and wow they faxed the records to us, no problem. I have had to do a lot of other leg work that they didn't get done. I am just wanting to get things moving forward, My husband is supposed to be having surgery in the next month to try to correct the major issues with his injury. He sustained a head injury when a high pressure hose release valve malfunctioned, this caused him to snap his head back with so much force that they say it was a traumatic rupture of C6-C7. This caused pressure on the nerves to his left arm leaving it useless, now because the surgery has been delayed this long it is now also pressing the spinal cord. He obviously has not been able to work since this happened. I simply do not understand the system enough to know what we should be doing to get things moving. I feel guilty making this seem like it is just a financial issue, but after being off work for this long you can imagine that our savings has been gone through and state disability will only continue for a short time longer, I know that on our worst day there are so many that are worse off than we are, but still this happened while he was working and one would expect that things would be taken care of. Sorry for the ramble and Thank You for you help.
State/Country relating to question: California
Hi and welcome to JA.
I'm so sorry that your husband is going through this. With all you both have to deal with, the last thing you need is a lawyer who is no taking care of business. Given the health emergencies, CHANGE LAWYERS YESTERDAY! Anyone has a right to change attorneys at any time. Select a new one (see below) and he/she will get the file from your current lawyer. This happens all the time.
Now initially the source of money comes from workers comp when someone is injured on the job, and you can't sue your employer.BUT sometimes an injury on the job is caused by a negligent third party like a subcontractor also on the job. If that's the case, you CAN sue that third party. So you need to have a lawyer to possible be your new comp lawyer AND one (often the same one but not necessarily......you can have one attorney for comp and another for the third party suit).
You have to consult with an attorney in your state. This is notbecause I am a NY attorney, but as you can see from the language on the sitehere, it says that no attorney-client privilege exists and that you shouldcontact a lawyer in your state for representation. In other words, even if I were a lawyer in your state , the same rule would apply.
To find an attorney, go online to Martindale.com. This is a nationwidedirectory we lawyers use ourselves to find highly qualified legal specialistsin various fields of law. These lawyers are NOT in Martindale because they paidto be included. They are there because they are rated as QUALIFIED by otherlawyers in their field of expertise and geographic area as it applies to yourkind of case. The process is this: other lawyers are asked to fill outquestionnaires giving their opinion of the quality of the work of the law firmthat ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult withtwo or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.
NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.
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