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Old 03-04-2011, 08:39 PM
SandyRI SandyRI is offline
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Join Date: Dec 2008
Location: Rhode Island
Posts: 1,056
15 yr Member
SandyRI SandyRI is offline
Senior Member
 
Join Date: Dec 2008
Location: Rhode Island
Posts: 1,056
15 yr Member
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Quote:
Originally Posted by Lisa in Ohio View Post
Hi Gram, W.C. is under the jurisdiction of the Dept. of Labor, and has been enacted by the federal Government but it is up to each state to administer the program. I don't know your entire situation, but in most states the employer can be insured through the state fund or self-insured. I really hope your workplace is not self-insured because that adds another level of buearacracy (spelled wrong but to tired to get the dictionary) to an already complex situation. I believe what the lawyer was trying to say is that W.C. cases are not tried in any type of court but are decided in hearings held by the Industrial Commission which is part of the W.C. set up. There are three levels of hearings that can take place if a treatment or medication is disputed. I have been in this system with a self insured employer for over 8 years and last month completed a research paper on the topic. I don't know it all, but I know some of it. I would advise that you find a lawyer that deals strictly with W.C. cases. They usually work for "free" and if any type of monetary judgement is issued take their cut from that. The amount that they can take to get paid is mandated by state law. My attorney has become a very strong advocate for me and given much good advice. Let me know if I can clarify anything for you. Be sure you do it quick, my brain sure isn't what it used to be! Peace out, Lisa
Great advice. In RI, the insurance company pays all attorney fees. Any monetary awards go to the victims (a pittance), and a separate payment is awarded to the attorney. Both are paid directly from the insurance company. Thanks for explaining about the difference between self-insured vs. state funded, I didn't know about that. Nor did I know about the 3 levels of hearings.

Neurotalk has a WC board for anyone looking to hire a WC attorney.
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"Thanks for this!" says:
gramE (03-04-2011)