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  1. #1
    Join Date
    May 2013
    Posts
    2

    Default When Should You Hire a Lawyer for a Workers Comp Case

    My question involves workers compensation law for the state of: my wife works for a national spa chain. She had to have surgery this past July on her right hand due to carpal tunnel. A month or so after surgery the doctor released her back to work with restrictions of only 6 hours a day even thought she told him that it was still hurting. As soon as she went back to work they booked her solid 8 hours a day and ignored the 6 hour restrictions.
    Since she began working there they would book her solid with no time for lunch or breaks which she believes contributed to her carpal tunnel. Now her left hand is sore and swollen and most likely has carpal tunnel. She also has significant pain in the hand she had surgery on.
    We also believe that she was not paid the correct amount while she was on workers comp. She gets an hourly wage along with tips and commissions. We did catch a few errors back when she was on workers comp but its very hard to tell if we caught everything or not since her employer does not let them handle any of there tips.
    Also she has not seen a doctor or done any kind of paper work on her left hand yet.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Do We Need a Lawyer

    Was she approved for WC in July or was it not considered a WC issue?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Do We Need a Lawyer

    You were asked the state this involves. Everything you have asked about varies from state to state.

  4. #4
    Join Date
    May 2013
    Posts
    2

    Default Re: Do We Need a Lawyer

    Sorry. We live in Texas.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,393

    Default Re: Do We Need a Lawyer

    It can never hurt to hire a workers comp attorney to help you maneuver your way through the system and make sure your rights are protected. If you are asking whether you can sue her employer, though (it's not clear what you are looking for) then no, you can't. The workers comp system is deliberately set up so that while you are guaranteed your medical bills paid and some replacement income, the employer is immune from suit.

  6. #6
    Join Date
    Sep 2011
    Posts
    466

    Default Re: When Should You Hire a Lawyer for a Workers Comp Case

    she should file a new comp claim if her doctor believes there is a new injury.
    the work restrictions are the employees not the employers.
    after 6 hours she should have left and applied for temporary partial disability for the balance of her hours.
    she should ask her doctor to re-evaluate her work restrictions.

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