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-   Traumatic Brain Injury and Post Concussion Syndrome (https://www.neurotalk.org/traumatic-brain-injury-and-post-concussion-syndrome/)
-   -   Lawyers dropping the ball? (https://www.neurotalk.org/traumatic-brain-injury-and-post-concussion-syndrome/176826-lawyers-dropping-ball.html)

rmschaver 09-26-2012 08:01 PM

Lawsuit
 
Request to speak to your lawyer asap. Be direct and frank. Do not worry about hurting feelings. You need knowledge. Legal cases don't have much room for kindness but remember to be civil. You may not like what you hear and may disagree but you do not have to be disagreeable. Take someone you trust with you. I do as have a terrible time with my memory. Start a binder with seperations and track everything.

jinga 09-29-2012 01:14 PM

I have restrictions but want to return to work and work wont let me!!
 
I am curious. I have orthopedic restrictions. My employer ammended my departments job description to include a 50lb lifting restriction (my work doesnt generally require lifting) to avoid allowing me to return. When the Neuro docs put return to work notes to my employer stating some basic recommendations, they would not allow me to return either.
I am not sure I will be able to do the same job I had been doing as it was highly functioning and required multiple projects getting accomplished simultaneously. I want to return to see if my cognitive abilities would prevent me from performing at the same pace. Sure I could go get a job checking customers bags as they exit costco but there is a big difference in a job that required a basic low demand on the brain vs a highly functioning one. I was in an auto accident so I need to know how well I am now functioning as apposed to before the accidebnt before any settlement were to take place.

rmschaver 09-29-2012 05:05 PM

Dirty tactics
 
Sounds like dirty politics to me. Maybe illegal but I don't know.

JFR3 09-29-2012 11:35 PM

Quote:

Originally Posted by camyam73 (Post 916383)
I'm getting frustrated. My accident was 30 weeks ago today, and I've still not seen a single drop of income replacement. I was notified in august, after months of back and forth on paperwork, that I was being approved, but it seems like my lawyer, or more correctly the paralegal who has been working on my file, has dropped the ball over and over. I send emails, but they are not replied to for a week or more. She requests information, which I send, then when I ask the status of my claim, she says she needs the information which I already sent her. Today I got frustrated and simply REsent the emails I had originally sent, stating that I had already given her the info she wanted in several different emails...

NOW, my insurance adjuster won't get to my file till late next week, and I am just frustrated. IS there any recourse once you've gotten yourself a lawyer? Tjhis is a bit ridiculous, and I am ready to call this paralegal's boss.

If your case is a "workers comp" case EVERYTHING goes extremely slow. know this your case/injury is very personal and real to you but to lawyers you are just another client.

jinga 09-30-2012 07:53 AM

wc issues...
 
Yes I can tell this will take awhile. I am just suprised that my employer has handled other persons with "illness" such as cancer etc with compassion and I am someone who is trying to return to what life i had prior and they are road blocking. In a way this has caused more issues such as anxiety etc that are contributing to my PCS.

rmschaver - how has your employer been as far as your job etc....

camyam73 09-30-2012 07:02 PM

It's a non workers comp lawsuit, but atm the insurance company for my car is trying to verify that I did not and will not receive WSIB.

My employer has been a complete write off since my accident. Not once asking how I was doing, and I only ever received one email from them after the accident, and it was an OOOPS. I was up for a promotion at work, and before I even decided to file a lawsuit, they had dropped me like a hot potatoe. I will have no job to return to, even if I were not filing a lawsuit, since my job was seasonal, and I therefore technically had no contract, and they had no obligation to hold a job for me.

My paralegal has finally been a little better with me, and I hope to see some benefits coming in next week.

rmschaver 10-01-2012 05:39 PM

Employer
 
My employer is very politicaly and profit structured. The executive level is staffed by several proffesionals who recieved there degrees by a prominent law university. My co workers are mostly stand up and with them I know who will look out for me.

The HR structure is awful. The safety manager has the occupational nurse in her pocket and is focused on cost management. I am at 4+ months from having a fire door fall on my neck and skull. I should have seen an orthopedic dr a long time ago. Nuero and or WC are stalling and trying to stone wall.

Today was my first day back PT and the Hr safety mngr, nurse, my supr, and another safety guy were all lined up waiting for me. I am certain the HR safety mngr would like to see this end and quickly. She says she is concerned but her poker face is awful.

Personally I want now what I wanted when the bottom fell out. I want my health concerns addressed. I want to go back to my job. The nuero told me he thought I was type A. A very high functioning 120 % kind of guy. He said most people only are about 80% and I should think about adjusting.

This whole proccess wouls be alot easier if I didn't have daily headaches that are occasionally severe. I also have back pain so severe there is no physical activity for me anymore and I have to take some pretty heavy narcotics to cope.

Worse yet the nuero keeps saying I have to build up a tolerance to it, and keep pushing myself. What a moron.

camyam73 10-05-2012 08:13 AM

WEll, my coverage has finally started... it's about 1/2 to 2/3 of what I was hoping/expecting, but I guess it's better than nothing. I've requested to see how they worked out my benefits, since I think it's a little off... but I'm just happy that something has come, and will continue to come for the next while.... And for once, my paralegal emailed me before I emailed her! I think she's realized I am less than pleased...

"Starr" 10-05-2012 11:17 AM

Quote:

Originally Posted by camyam73 (Post 919946)
WEll, my coverage has finally started... it's about 1/2 to 2/3 of what I was hoping/expecting, but I guess it's better than nothing. I've requested to see how they worked out my benefits, since I think it's a little off... but I'm just happy that something has come, and will continue to come for the next while.... And for once, my paralegal emailed me before I emailed her! I think she's realized I am less than pleased...

Congrats camyam! Something IS better than nothing.

I'm starting to really notice that since there won't be anything for me... my rehab team is trying to convince me to file a private lawsuit, since I'm now out of extended health benefits with my husband's employment and the rehab bills are starting to come out of our own pockets. So much NOT covered by our health care system!! But I'm not keen to file a lawsuit, in my case, I just don't think its right.

Starr


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