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Attorney Wayne
Attorney Wayne, Lawyer
Category: Employment Law
Satisfied Customers: 1506
Experience:  Practicing Law Since 2000
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i got injuerd on the job and had to have surgury after surgury

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i got injuerd on the job and had to have surgury after surgury i develop more pain and difficulties after release by the workers comp doc i went to see another doc who told me i have fibromyligia and being in so much pain i was unable to work fultime so he told me to work 4 hrs a day i been doing that for almost 1 year i had a mediation with my employer and refusing to take what they were offering me the told me they can not accomadate me any more with 4 hrs i need to work 8 hrs or take a fmla i look at this as a sought of retaliation so i told them i would not be comming back. so i need your opinion about this and what should i do.
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Hello. Thanks for contacting us. I am so sorry to hear of this continuing agony from the on-the-job injury.

The key question here is whether workers comp should continue to pay since there is a disability continuing that impairs a worker's capacity to hold a job. Sadly, these are not easy answers. But the worker's comp system does allow for (and even encourage) lawyers to take cases in which the worker does not pay the lawyer unless there is a settlement or judgment arising from the claim.

This is called "on contingency" representation, and it is a regular feature of workers comp law practices (for obvious reasons, since workers are facing a loss of income and can't pay up front in many cases).

The problem with FMLA is that no pay is guaranteed (only reservation of a job for up to 12 weeks of leave in a year to workers that qualify).

It is important now that you have apparently "quit" amid this dispute to get the kind of legal help I describe as the workers comp system can potentially provide income during the difficult transition and healing.

I wish you all the best as you work to resolve this matter.
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