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Red Flags in Workers' Compensation Cases: How a case can go bad. - YouTube
Channel: The Nomberg Law Firm
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Bernard Nomberg with the Nomberg Law Firm in Birmingham and we've come up
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with a list of do's and don'ts, red flags.
Things that can derail a work comp claim
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and we wanted you guys to be mindful of
these things as we go forward with the
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case. None of these things are in any
particular order or of importance, just
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collectively they should be really
adhered to and I'll also put these in
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the comments section below when we post the video. The first and foremost thing
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is hiring an attorney who promises you a
certain dollar amount or promises you
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that they only get the big checks you've
seen the ads with the big poster boards
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or somebody on TV promising you know
hundreds of thousands of dollars the
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like. Well, that's not very realistic in
Alabama work comp claim. The amount in a
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work comp came it's really largely
dependent upon the particular facts and
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circumstances of each case because every injury is different, every average weekly
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wage for that injured worker is
different, and the like, and you can't
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compare when states laws and results
with Alabama's because Alabama's laws are
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so so unique. Along those lines, always tell the truth. Never lie.
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Lying only creates problems
for credibility of the injured worker.
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Telling the truth is always the easiest
and best option.
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Don't miss doctor's appointments. When
the authorized treating physician
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has set up an appointment don't miss
that appointment without a very good
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reason. If you have a need to miss that
appointment please give us a call as
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soon as possible so we can get it
rescheduled because we don't want to
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create a situation where you're not
compliant with your medical care,
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which could lead to end up losing
the rights to benefits. Along those
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same lines is please always continue to
stay in communication with our office
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whichever attorneys handling your case. We try our very best to stay in
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communication with you, but by not
hearing from you for periods of time it
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really creates it really creates
problems for us moving your case along.
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Another thing that could harm your case
is when your doctor has released you
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back to work in some capacity and
the employer says they can accommodate that
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but you then refuse to go back to
work to try to work. Again that can
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create a situation where you can be
terminated. You could lose your medical
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care rights in a case. If the doctor has
released you and there are certain
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restrictions limitations but the
employer can accommodate that you have
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the obligation to go try. You may not be
able to handle it
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but if you don't go and make the attempt
then you're going to lose certain arguments
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that you would have otherwise. One thing
I should have mentioned earlier when it
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came to always telling the truth, that
if the doctor or your lawyer or if
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you're in a deposition and you're under
oath, particularly and you're asked about
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prior medical history, always tell the
truth even if you think that it's not
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going to be helpful that it's gonna be adverse to your case
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you must tell the truth of all prior
medical history. There are certain laws
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under the Alabama Work Comp Act that can help to protect you
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even if you have the same exact injuries
that you have now. Let the lawyers deal
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with that part of it, but always always
tell the truth. And speaking of being in
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a deposition, don't lose your cool when
you're being asked certain questions
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that you don't like. Let your lawyer
handle those issues. Hopefully prior to
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the deposition you've already talked
about those things. But just be cool calm
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and collected and answer
those questions under oath. When you are
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finished with your medical care and we
resolve your cases somehow but you keep
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your medical care open going into the
future go back to the doctor from time
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to time. Once a year. Twice a year. Even if
you don't have any symptoms you need to
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go back so that you have a consistent
record in your file so later on if we
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have an issue we can look back and show
that you've gone to the doctor each of
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those periods of time and that'll help
clear up some potential issues. The last
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couple of things to share with you is
expectations about your case. In Alabama
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you can't get pain and suffering damages
or punitive damages, lost wages and the
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light. Most Alabama workers' compensation cases are based on what we call the
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schedule. If they're not on the schedule
then their body as a whole and
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potentially the vocational damages can
be considered, and the like. But there's
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no such thing as million-dollar cases in
Alabama in work comp. So have some
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realistic expectations after you've had
a thorough discussion with your attorney.
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And speaking of attorneys, and this will
be the last thing that I mentioned in
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our list here, is jumping from attorney
to attorney because you're dissatisfied
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with what you're hearing creates a red
flag for whichever attorneys are
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interviewing you. You may have certain
things in your mind that you want out of
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your case but whether they mesh with
what the law allows needs to be compared
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because you need to be with an attorney
who's experienced in work comp matters
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and can explain the law to be able to
show you what the realistic results can
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be in in your case. If you have any
questions about any of these things
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please give us a call. This is the kind
of work that we do. Nomberg Law Firm can
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be found at NombergLaw.com. Our office number
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is 205-930-6900. We also have YouTube
Facebook and Twitter.
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