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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116817
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My daughter lives in Honolulu, . She works in the state education

Customer Question

My daughter lives in Honolulu, HI. She works in the state education system handling children with certain dysfunctions. A number of years ago (I think 6 or 7 yrs.ago) a young boy (@13 yrs old) injured her rather substantially. She applied for and received Workman's Comp benefits. She has had at least one operation and needs another. She has only worked part time in the school system ever since. Recently, she was told she will not get any better and FL Workman's Comp wants to rid themselves of her. She wants to keep working and loves her job. She is afraid if she gets terminated and needs future medical treatment she will be on her own. I told her she needs a law office to fight for her but she doesn't have the money to hire a lawyer. Can't she engage a lawyer who would take her case on a contingency basis...and where or who in the Honolulu area would take her case. Hopefully you can advise us regarding this stressful matter.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if she is not able to return to work, Workers Compensation would have to pay her based on her permanent disability. She does not have to settle with them, which is where they give her a lump sum payment and she then either can become liable for any future medical or can arrange the settlement to make it so they remain liable for the medical bills.
She cannot hire an attorney in HI to handle a case that is going on in FL. She CAN hire an attorney on a contingency basis in FL to fight the permanent disability case in FL to get a settlement that best protects her into the future and that is what she would need to do, get an attorney in the area of FL where her case is and get them to negotiate a permanent disability settlement and even perhaps negotiating to keep them liable for her medical benefits.