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Southern Explosions Spur Worker's Lawsuits

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Workplace injury lawyers at Pintas & Mullins affirm that experts recently reported that ammonium nitrate was the actual cause of the fire and explosions that killed 14 people and injured 200 more at the West Fertilizer plant in Texas. Another explosion, which took place on the Mobile River in Alabama, is now the subject of two lawsuits filed against the companies involved. 4823297215_ba16c78251.jpg Ammonium nitrate is a type of dry fertilizer that is mixed with other similar compounds, such as phosphate, and added to plants to enhance growth. It is combustible, and was, in fact, used in the 1995 Oklahoma City bombings that killed nearly 170 people. The April 17, 2013 blast in West, Texas caused about $100 million in damages, not only to the factory, but to homes and businesses surrounding the facility. The explosion was preceded by a fire, which brought fire fighters to the scene that were subsequently caught in the blast. The fire marshal's office headed the investigation along with the Alcohol, Tobacco, Firearms and Explosives agency. Over 400 interviews have been conducted so far by investigators, although the exact location of the fire's origin within the plant is still unknown. At least seven lawsuits have already been filed against Adair Grain, Inc, which owns the fertilizer factory. Plaintiffs in these cases are alleging negligence by Adair Grain employees and are seeking millions of dollars in damages. Similar lawsuits are being filed in Mobile, Alabama after seven barge explosions rocked the Mobile River in late April 2013. One of the suits, filed by an injured employee, is naming four companies and is seeking unspecified damages. The plaintiff, George Erickson, remains in serious condition at USA Medical Center. He is suffering from second-and third-degree burns on over half of his body and must be constantly sedated. He is unable to manage his affairs due to his catastrophic injuries so his lawsuit was filed by a Mobile County Conservator who was appointee to handle his affairs. Erickson was working for Oil Recovery Company of Alabama and was cleaning two oil barges at the time of the blast. The first lawsuit filed as a result of this explosion was by injured worker Casey Tyson, who was working on one of the tugboat electronic systems near the explosion. He was taken to the University of South Alabama Medical Center and later transferred to a burn unit closer to his home in Dallas. Tyson's suit names Oil Recovery Co., AEP River Operations, D&S Marine Service, and Kirby Inland Marine as defendants. There was a third worker injured at the time of the explosion, Justin Benoit, who was working for AEP and who is also still in the hospital in serious condition. The first explosion was reported to be caused by workers venting oil vapors from the tanks of the barges when an outside source ignited the vapors.

IF THE DRIVER WHO CAUSED THE ACCIDENT HAD AN UNEXPECTED HEART ATTACK, IS HE STILL LIABLE FOR MY INJURIES? DLP REPRESENTS SERIOUSLY INJURED VICTIMS OF AUTO, TRUCK, BUS AND MOTORCYCLE ACCIDENTS

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Sometimes motor vehicle accidents are caused by a driver who suffers a medical emergency, such as a stroke or a heart attack, while driving.  Naturally, we all feel sympathy for the at-fault driver under such circumstances.  The medical emergency that led to the accident may leave the at-fault driver dead or severely disabled.  Additionally, he... Read more »

Finding a Good Lawyer For Your Personal Injury Lawsuit

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Norwood jury box 2.jpgBecause accidental injuries are unexpected, the need for a good lawyer can be immediate and unplanned. Too often people randomly select lawyers based on a television ads, phone book ads, or internet marketing. Selecting a lawyer solely on the basis of advertising precludes a well-balanced understanding of the lawyer's actual capabilities. However you find your potential list of lawyers--whether from advertising, a referral from a friend, or even a lawyer you used long ago, it's a good idea to dig a little deeper to make sure that the lawyer is best equipped to help with your problem. Here are five things to look for: Number 1: A Lawyer Who Handles Your Kind of Case If your potential lawyer does bankruptcy, divorces, wills, car accidents and patents, you have found someone who, whether he admits it or not, is a general practitioner. Those types of lawyers might be okay in small towns or from 150 years ago, but modern law has become so complex that a general practitioner may not be able to keep up with changing laws in four or five different areas. Your lawyer should be focused on one or two practice areas. These are some examples of practice areas: Personal injuryBankruptcyFamily LawSocial Security DisabilityCriminal LawTrademarks and PatentsContractsCollections Our firm only handles personal injury. There are several subsets of personal injury cases, but they are similar enough that it is manageable to keep up-to-date on all of them. Personal injury cases include: Automobile accidentsTractor-trailer accidentsMotorcycle accidentsSlips-and-fallsOn-the-job injuries (workers' compensation) Medical malpractice Product liability (defective drugs, medical devices and other products) That's complicated enough without adding patents and trademarks to the mix. Number 2: A lawyer who has been recognized by reputable organizations and peer-review There are so many different rating systems out there that it can be difficult to tell the legitimate ones from the systems which are mostly advertising--designed by lawyers to simply pat themselves on the back. The top rating system is Martindale-Hubbell, which uses a 5.0 rating system to score lawyers. You can check with the state bar to see if your lawyer has ever been disciplined. If so, it is important to look into the reason. Most mistakes are simply that--mistakes. But if your lawyer has been punished for stealing from clients, you might take a second look. Number 3: A lawyer who continuously betters himself Your lawyer should never rest on his or her laurels. Instead, your lawyer should persist in reading legal books, attending seminars and going to continuing legal education events. It's called the practice of law for a reason--there is no perfect. But if your lawyer is not striving to better his or her technique, that lawyer will stagnate. When interviewing, find out when your potential lawyer's last CLE (continuing legal education) event was. If your lawyer doesn't attend at least two every year, it is time for a new lawyer. Number 4: A lawyer who will talk with you Every firm works a little differently. In some, your primary contact will be with a paralegal. In others, your lawyer will assign a junior associate. In others, you may get the ear of the senior lawyer in charge of your case. It is important that you have the full confidence of your lawyer. Your lawyer should never be reluctant to meet with you or take your calls. When you first meet with your potential lawyer, find out who your primary contact will be. If it's not with the interviewing lawyer, you should med the person who is responsible to you. Number 5: A lawyer who will go to trial Reputation, though not everything, is really, really important. The insurance companies keep tabs on lawyers--they know which lawyers are settling most of their cases, and which lawyers are refusing to accept lowball settlement offers by filing lawsuits and going to trial. Insurance adjusters are afraid of the lawyers who file cases--those lawyers should be getting verdicts that are higher than the settlement offers in most cases. Not to mention that taking a case to trial costs the insurance company more. The end result is that lawyers who take cases to trial get better settlement offers, and when they don't get offers that are good enough for their clients, they will take the insurance companies to task at trial. Contact Us If you need help with a Maryland personal injury accident, call us at 443.850.4426, send an e-mail directly to a lawyer at jcord@charmcitylawyer.com, or send us a description of your problem online. We will evaluate your claim and can help to guide you through the legal process.

Minnesota Workers Compensation Indpendent Medical Examinations. Guess What? They Aren't Independent!

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Every week at Atkinson Law Office and Minnesota Disability we receive notices that our clients are scheduled for independent medical examinations, "IME".  We send notices out to our clients advising them that the IME is usually a precursor to every disputed Minnesota Workers Compensation claim.  Below are some suggestions that we provide our clients.1.  Don't Be Intimidated By An IME2.  Be Prepared To Answer The Doctors Questions TRUTHFULLY!3.  Answer Every Question To The Best Of Your Ability4.  Make Sure You Consult An Attorney Before You AttendDon't Be Intimidated By An IMEEasy for me to say right?  Well I have attended two allegedly independent medical examinations and by following my rules, one of the doctors actually found my injury to be caused by my work activities.  A rareity but it does happen.  Be polite, don't be a jerk, and know that whatever happens, you have the right to contest the findings if they are unfavorable with the assistance of your attorney and own doctors.Be Prepared To Answer The Doctors Questions TruthfullyDon't wing the IME.  Go prepared.  This isn't the time to guess how you may have been injured or the circumstances regarding your treatment, etc.  Review your medical records, discuss the facts pertaining to your injury with your attorney.  Be PREPARED!Answer Every Question To The Best Of Your AbilityMost clients report that the independent medical examination takes no more than 10-15 minutes and the doctor has little interest in hearing about how the injury occurred. Don’t be discouraged simply try your best to answer any questions asked.  Don’t exaggerate or fake your symptoms. This can be discovered during the physical exam and will destroy your case.Make Sure You Consult An Attorney Before You AttendThere is never a cost to consult an attorney AND if you retain an attorney we can NOT and do not charge you a fee unless there is a dispute.  And even then the fee is paid by the employer's insurance company.  A free consultation means just that...it's free.  Give one of our experienced attorneys a call today at 651-333-3636.   At Atkinson Law Office we have over 40 years of combined legal experience just waiting to assist you.

Can the Insurance Company Provide me with Transportation in a Worker’s Comp Claim?

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Yes, the insurance company can provide you with transportation to receive medical care that is approved by the insurance company or the North Carolina Industrial Commission. Usually you must provide your own transportation, but the insurance company will reimburse you the expenses.  However, if your injury makes it difficult to drive to and from your [...]

New legislation aims to bolster OSHA role in worker safety

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Many workers face dangerous conditions every day on the job. OSHA is the federal organization responsible for overseeing that conditions are kept safe, that workers are properly trained, equipment is maintained, and that companies are held liable in the event of an accident or injury. Companies who fail to meet guidelines and follow OSHA regulations can also be fined even if no accident or injury has occurred. Our Charlotte work injury attorneys have extensive experience in the investigation of workplace accidents and injuries. We know that OSHA plays an integral part in workplace safety and that any violation can be used as evidence of negligence in the event of a work-related injury.915719_construction_workers_on_a_roof.jpg Some critics of OSHA have argued that the standards and requirements make hiring difficult and can kill job prospects. In the current economy, this kind of rhetoric can put workers at odds with an organization that has saved the lives of thousands of workers. According to recent studies, OSHA inspections can actually save companies billions of dollars in workers' compensation costs, lost hours, and lost productivity that can occur after an accident or injury. Conversely, unexamined work sites can create serious hazards and result in injury or death. Though occupational fatality rates have decreased since the passage of the Occupational Safety and Health Act of 1970, there is some evidence that workplace safety conditions have been on the decline. Recent reports indicate that job fatality rates have been essentially unchanged over the past three years. Workers in certain industries face more dangerous conditions than in others. The fishing and logging industries have some of the highest fatality rates. Non-fatal injuries threaten workers in the fire safety and nursing fields. In any industry, companies must be scrutinized to ensure that workers are safe and should take every measure to avoid preventable injury or death. Data collected by the Bureau of Labor Statistics (BLS) and the Occupational Health and Safety Administration indicates that there are approximately 13 deaths per day, non-including work-related illness. After the recent fertilizer plant explosion in West, Texas which killed 14 workers, OSHA as well as state and federal officials should be considering potential inspection failures that left workers vulnerable to such an accident. Initial investigations indicate that failure to enforce and regulate the plant created unsafe and dangerous working conditions. Worker advocates are urging members of Congress to pass the Protecting America's Workers Act to strengthen OSHA's role in worker safety. With the high rates of accidents and injuries, it is important for companies and employees to make safety a priority. Though OSHA inspections and regulations can make companies more accountable, workers continue to suffer serious and fatal injuries on the job. Work-related illness is also a serious threat to many workers that can cause health issues even into old age. In the event of an accident or injury or work-related illness, it is important to consult with an experienced advocate who can successfully protect your rights and interests. An immediate investigation will identify the cause of the accident or injury and give you the documentation necessary to make workers' compensation claims and any additional third-party claims you are entitled to.

Dalton Clarks Summit Scranton Moosic Workers Compensation- Work Injury Lawyers

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Question: I was hurt at work last week and my supervisor took me to the emergency room. I an still hurting and I want to go see my family doctor, but the lady in H.R. tells me that I have to treat with the company doctor. Is that true? Anonymous, Dalton, Pa. Answer: You can choose... Read more »

WHAT SHOULD I DO IF I AM INJURED AFTER BEING RUN OFF THE ROAD BY A RECKLESS DRIVER? – DLP REPRESENTS SERIOUSLY INJURED VICTIMS OF AUTO, TRUCK, BUS AND MOTORCYCLE ACCIDENTS

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If you are injured in an accident caused by a reckless driver who left the scene (hit and run) before you could identify him, there are several things you need to do to protect yourself and your right to recover damages.  Initially, you need to promptly report the accident to the police and your insurance company.  When... Read more »

Workers' Memorial Day a Reminder of Job Safety

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Though changes in regulation over time have increased worker safety, U.S. workers continue to suffer from work-related accidents and injuries. In the most severe cases, these accidents can result in permanent injury or death. Every year, the victims of workplace accidents and injuries are remembered on April 28, Workers' Memorial Day. The event was established in 1971, the same year that OSHA (Occupational Safety and Health Agency) was established to regulate and monitor safety conditions for workers. Our Charlotte workers' compensation attorneys are dedicated to helping victims and families recover after an accident or injury. If you have lost a loved one to workplace injury, we are dedicated to fighting for your rights.461529_flag.jpg Raising workplace safety awareness is critical to preventing future injury and death. Since the establishment of OSHA, companies and other workers have taken preventative measures to ensure compliance. OSHA has broad powers to make safety regulations and to fine corporations that do not meet safety standards. Equipment maintenance, emergency protocols, training, and ensuring a safe work environment can prevent serious accidents and injuries. OSHA also has the power to fine companies that are not in compliance upon inspection. This April 28th, companies, workers, and their families will come together to commemorate workers who have lost their lives on the job. Factory workers, construction workers, farmers, roadside assistance crews, fisherman, and others in dangerous industries are at the highest risk of accidental death. April 28th is also a day to bring awareness to the cause of workplace safety and to recommit to the fight for safe and healthy working conditions. This means preventing accidental death, as well as work-related illness or injury. OSHA's role is to ensure that conditions for America's workers are safe by setting standards, establishing regulations, providing training, education, and support for companies and employees. In the event of a building collapse, fire, explosion, or other workplace accident, OSHA is the agency that will investigate the incident to determine whether the accident was preventable. In the event that a company was in violation of a regulation, that evidence can be used in a negligence case.Negligence, however, is not required for an employee to receive workers' compensation benefits, which are available to injured workers regardless of fault. Families of employees or contractors who lose their lives while in the course of performing work-related duties may be entitled to workers' compensation death benefits. Immediately after an accident it is important to file a claim and that an independent investigation be performed to determine the cause of the accident and to identify responsible individuals or agencies. Our firm is experienced with handling complex death and work-related accidents and can effectively protect your rights. In addition to helping families collect workers' compensation benefits, we will also explore the possibility of third-party claims against negligent property owners, maintenance companies, equipment manufacturers and all other individuals or entities.

Please Join Us In Cleveland on Thursday, May 23 for our Spring Employment Relations Seminar

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Please join the labor and employment group of Porter Wright as we address issues that will help keep your workforce out of hot water.  There is no charge for this seminar; however, seating is limited. Register today!Sign Up Now Button Topics Include: Case Law Update:A Sprinkling of New Cases from State and Federal Court Health Care Reform is Raining Down:What Employers Need to Do to Take CoverStopping the Flood of Intentional TortsRiding the Social Media Tidal Wave:  Understanding the Risks and Rewards for Employers Need to Do to   7:45 - 8:30 a.m.Registration and Breakfast 8:30 a.m.- 11:45 a.m.Program Lockkeepers Restaurant8001 Rockside Road Valley View, OH  44125

Dual Jurisdiction - Ohio Workers’ Compensation

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Ohio Revised Code 4213.542 does not permit the filing of a workers’ compensation claim in Ohio if a claimant or the dependents involved in a workers’ compensation claim have been granted an allowed claim in another state. In Smiley v. Professional Staff Mgt. Inc., 2013-Ohio-139, the claimant was involved in a motor vehicle accident while in the performance of her job duties. The claimant worked for a property management company as a regional manager. The claimant was responsible for overseeing and managing properties in both Ohio and Indiana. The claimant’s employer was located in Indiana. The claimant resided in Ohio. The employer filed a claim for the claimant in Indiana. This claim was allowed and both medical bills and compensation were paid in this claim.Later, the claimant filed a claim in Ohio. This claim was denied by the Industrial Commission of Ohio pursuant to ORC 4123.542. The claimant appealed the denial of this claim to Common Pleas Court who ruled that this denial was proper. The claimant then appealed this decision to the Court of Appeals who upheld this decision. It did not agree that this statute was unconstitutional as argued by the claimant and upheld the decision of the lower court.To date, all challenges to ORC 4123.542 have been struck down. This case provides the precedence that this statute also applies even when the claimant does not file the claim in another state and this filing results in an allowed claim in that state.Contact: Brian Tarian614.723.2028btarian@ralaw.com

Problems with Your Vocational Rehab Counselor?

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 I was just sharing some war stories on line with other claimants attorneys about our experiences with particular vocational rehabilitation counselors.  There is no question that some counselors do a poor job of assisting injured workers with realistic and fair plans for returning the injured worker to work.  However, the injured worker can make the best of the vocational rehab experience by doing the following: 1. Be sure you understand the rules.     During your first meeting with your voc rehab counselor, you will learn that you only have 60 days to decide and present a retraining plan to the adjuster.   Make sure you know when that 60 days ends.      Your case is assigned to the voc rehab counselor, and your 60 days is running when neither you nor your counselor knows the length of a retraining program that can be authorized.  Nor will you or your counselor  know how much a minimum lump sum buy-out will be. Most injured workers won't get the results of their permanent partial disability rating when they must start working with a voc rehab counselor.  (The percentage of impairment from the PPD rating determines whether you get 9, 12, or 18 months of retraining, and it will determine how much the minimum voc rehab lump sum buy-out will be.)  You must still use this time to investigate whether you will want a retraining program, or whether you will accept money and find yourself another job.    2.  Keep your expectations realistic.      The voc rehab counselor is paid by the insurer.  If the counselor doesn't please your adjuster, the counselor won't continue to have a job.  However, good counselors have integrity and will try to do what is right for the injured worker.  Your counselor isn't going to advocate for you like your attorney.         if your vocational test results show that you have no math skills, don't expect the counselor to support your desire to be an accountant.  There are many limitations that may apply to you, such as the length of a program that can be authorized for your impairment percentage, your own work experience, your aptitudes for particular programs, whether a program actually exists in Nevada, whether you have had criminal convictions that prevent particular employment, your physical limitations, and your chances for employment when you complete the program. 3.  You want the counselor to want to help you.      If you miss your appointment with your counselor, or you are disrespectful, then don't expect your counselor to go the extra mile to help you.  Some claimants don't really want to go to school, and they frustrate and waste the time of the counselor by not initially opting for a buy-out instead of a program.       When you simply cannot stand your counselor, you may ask for a new counselor, but understand that you have no legal right to have a different counselor assigned to your claim.   Listen to what the counselor recommends for you, and research the training programs yourself instead of depending on the counselor to find a new career for you.  --Written by Virginia Hunt, Hunt Law Office

Mass: 32 Workplace Deaths,1,800 Diagnosed With Work Related Cancers

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Sadly, workplace injuries have become a reality on many jobs. A recent report done in Massachusetts, however, showed that at times more then just an injury may occur. The report was entitled Dying For Work In Massachusetts, and it showed that in 2012, 32 people died due to workplace injuries or related illnesses in Mass. [...]The post Mass: 32 Workplace Deaths,1,800 Diagnosed With Work Related Cancers appeared first on Wynn And Wynn.

Moosic Scranton Work Injury Lawyers- Workers Compensation

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Question- I was hurt on the job last summer. I returned to light duty work in the fall and was earning the same pay as when I got hurt. For years now, I’ve been having issues with the owner of the company. He and I never got along. At the company Christmas party, I told him... Read more »

Compensation for Secondary Smoke Inhalation

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Today’s post comes from guest author Charlie Domer from The Domer Law Firm. Recent article indicates some public health departments are offering incentives to create smoke-free policies in buildings. The idea is to reduce the exposure to second-hand smoke. While… Continue reading »

Required Mediation in South Carolina Workers' Compensation

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Required Mediation in South Carolina Workers' Compensation South Carolina On the Job Injury Lawyer The South Carolina General Assembly approved the new South Carolina workers" compensation Mediation Regulations (R 4286) on May 13, 2013. The regulations will become effective once they...

Is Your Case Worth Pursuing?

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There are a number of factors that come into play when an attorney decides whether or not to take on a personal injury case for a client. Here are some, but not all, of those factors: 1) Has the Statute...

NCCI: Obamacare Creates Uncertainty for the Workers' Compensation Insurance Line in 2014

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NCCI now predicts uncertainty for workers' compensation insurance in 2014 based upon the implementation of Obamacare.  ".....the impact of the implementation of the Patient Protection and Affordable Care Act in 2014 looms as a huge uncertainty for the line [workers' compensation insurance]." Read the complete NCCI 2013 Annual Report. Read more about "Obamacare" and workers' compensation Compensation is Riding on the Road to Wellville with Obama Care Mar 15, 2013 As Obama Care [The Affordable Care Act] launches, workers' compensation programs will start to undergo subtle changes The innovation of wellness programs and new treatment protocols will eventually cause major shifts to ... http://workers-compensation.blogspot.com/ It's Not "If", It's "When" - California - Workers' Compensation Feb 01, 2013 "But the passage of the Affordable Care Act, the signing of HB 1 back in February 2009, and other Federal health related laws and regulations including ERISA, have accelerated the fusion of workers' compensation medicine ... http://workers-compensation.blogspot.com/ Workers' Compensation: Health Reform Coverage for Asbestos ... Jun 15, 2011 Montana's senior U.S. Senator Max Baucus today announced additional asbestos-related health services to be included under the health care coverage he secured for Lincoln County asbestos victims in the Affordable Care ... http://workers-compensation.blogspot.com/ Workers' Compensation: Employee Wellness Programs And ... Mar 25, 2013 The Affordable Care Act (ACT), Obama Care, has been a cutting edge issue, and has received serious attention at the recent American Bar Association meeting in Coral Gables FL last month. Tom Domer provides additional ... http://workers-compensation.blogspot.com/ Related articles Oklahoma Opt-Out Workers' Compensation Law Enacted Texas: The Wild West in Action Without Workers' Compensation NJ Governor Christie to Propose Workers' Compensation Reform The Scarlet Letter - Workers' Compensation Style Workers' Compensation Has Become A Territorial Fight

Problems with Your Vocational Rehab Counselor?

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 I was just sharing some war stories on line with other claimants attorneys about our experiences with particular vocational rehabilitation counselors.  There is no question that some counselors do a poor job of assisting injured workers with realistic and fair plans for returning the injured worker to work.  However, the injured worker can make the best of the vocational rehab experience by doing the following: 1. Be sure you understand the rules.     During your first meeting with your voc rehab counselor, you will learn that you only have 60 days to decide and present a retraining plan to the adjuster.   Make sure you know when that 60 days ends.      Your case is assigned to the voc rehab counselor, and your 60 days is running when neither you nor your counselor knows the length of a retraining program that can be authorized.  Nor will you or your counselor  know how much a minimum lump sum buy-out will be. Most injured workers won't get the results of their permanent partial disability rating when they must start working with a voc rehab counselor.  (The percentage of impairment from the PPD rating determines whether you get 9, 12, or 18 months of retraining, and it will determine how much the minimum voc rehab lump sum buy-out will be.)  You must still use this time to investigate whether you will want a retraining program, or whether you will accept money and find yourself another job.    2.  Keep your expectations realistic.      The voc rehab counselor is paid by the insurer.  If the counselor doesn't please your adjuster, the counselor won't continue to have a job.  However, good counselors have integrity and will try to do what is right for the injured worker.  Your counselor isn't going to advocate for you like your attorney.         if your vocational test results show that you have no math skills, don't expect the counselor to support your desire to be an accountant.  There are many limitations that may apply to you, such as the length of a program that can be authorized for your impairment percentage, your own work experience, your aptitudes for particular programs, whether a program actually exists in Nevada, whether you have had criminal convictions that prevent particular employment, your physical limitations, and your chances for employment when you complete the program. 3.  You want the counselor to want to help you.      If you miss your appointment with your counselor, or you are disrespectful, then don't expect your counselor to go the extra mile to help you.  Some claimants don't really want to go to school, and they frustrate and waste the time of the counselor by not initially opting for a buy-out instead of a program.       When you simply cannot stand your counselor, you may ask for a new counselor, but understand that you have no legal right to have a different counselor assigned to your claim.   Listen to what the counselor recommends for you, and research the training programs yourself instead of depending on the counselor to find a new career for you.  --Written by Virginia Hunt, Hunt Law Office

Scrantom Kingston Moosic Hazleton Work Injury- Honesdale Workers Compensation Lawyer

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Mary was working as a clerk and had the choice of either eating her lunch on her employer’s premises or going out of the office to eat her lunch. There was a strip mall across the road from Mary’s employer that included a food store and a doughnut shop. One day while on lunch break,... Read more »
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