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  1. #1
    Join Date
    Aug 2016
    Posts
    1

    Default How to Find a Lawyer to Negotiate a Workers Comp Settlement

    My question involves workers compensation law for the state of: North Carolina

    Hello,

    On July 27, 2016 I was attacked by a mental health patient at random while at work. This unit has video cameras but not audio. I suffered an orbital floor fracture and a concussion. I am healing well physically. Mentally, I am sleeping very little, starting to have nightmares, withdrawing from people, lost the desire to leave the house. Workers Comp is currently covering my doctors visits and paying me a portion of my base pay. How do I pick the best lawyer to make sure I am compensated properly since I was injured while at work? Thanks

  2. #2
    Join Date
    Mar 2013
    Posts
    17,796

    Default Re: How to Find a Lawyer to Negotiate a Workers Comp Settlement

    You don't need a lawyer. You are already being compensated for being injured at work. You're getting the appropriate percentage of your wages and you're getting your medical bills paid. Once you have fully recovered and are back to work you are done with WC unless you, for some reason, end up with a partial disability and then you might need a lawyer if the compensation for the disability is in dispute.

    If you want to hire a personal injury attorney to sue the patient that attacked you, you can find personal injury attorneys by googling or using the yellow pages.

    A personal injury lawsuit would entitle you to be compensated for loss of income, medical expenses and pain and suffering. However, the lawyer will get a third and you'll have to pay back WC for the benefits paid by WC. Keep in mind that if this mental patient has no money or assets you'll be wasting your time suing an empty pot.

  3. #3
    Join Date
    Feb 2008
    Posts
    1,167

    Default Re: How to Find a Lawyer to Negotiate a Workers Comp Settlement

    You need to let WC/your employer know that you need some counseling for the mental issues that are occurring and you would like a referral for some therapy for those side effects of the incident. Have you done so? Are they refusing to meet that need? Is there an EAP that might cover some therapy?

    Generally WC laws cover your medical bills and lost pay. Like Jack said, once you are declared able to work/fit for duty, you will lose any pay from WC.

    Other than that, there really isn't any other compensation unless you can prove long term damage. You could possibly sue the patient if he/she has any assets, but I am not sure it would be winnable. There is some known risk to working in your field.

  4. #4
    Join Date
    Sep 2011
    Posts
    466

    Default Re: How to Find a Lawyer to Negotiate a Workers Comp Settlement

    find one that specializes in work comp law. use all the resources of a legal site like this.
    have you reviewed the articles and other links?
    http://www.expertlaw.com/library/civ...nd-hire-lawyer
    talk to several before deciding.
    be candid about what you expect from your representation.
    find out more about your state's workers compensation laws and benefits; an informed client will have more realistic expectations.

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