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@lindas.3791 18 сағат бұрын
I have ignored all the CMS letters. Then they stopped sending them. i just received a letter from them. I pay my pain doctor and the prescribed medicine myself. I did keep the receipts. I just don't see my regular doctors for any of my work compensation injuries.
@lindas.3791 18 сағат бұрын
Unfortunately my attorney said i could spend the money. So now I'm screwed.
@cyberla Ай бұрын
What if they fabricate a cause? Literally set you up to fail and then say you were fired for cause?
@JoeMillerLaw 24 күн бұрын
It certainly happens. If it's truly and obviously fabricated, and the Commission can see through it, they will rule against the employer. But this may be hard to prove. Of course there is no excuse for insubordination and even though you know you might be set up, the Commission doesn't care. That is probably one of the most common. They are just so crappy to you and disrespect you so much upon your return to the light duty job that you blow up at your supervisor, cuss him out big time. Just shake and stir--instant fired for cause!!! So watch out for that.
@cyberla 24 күн бұрын
@@JoeMillerLaw No insubordination. I went gray rock and gave them no response, but by firing they continued my case instead of waiting for me to quit within a week or two. Thanks for your insight.
@ssharma861 Ай бұрын
what if they do find you a job? And you go to the job, but are not able to do it? what then?
@JoeMillerLaw Ай бұрын
What I tell my clients in VA and NC (Please understand I many not be addressing the law in your specific State, only where I'm admitted to practice--which is VA and NC), assuming that you have been found to be capable physically of performing this job per your authorized treating doctor, is to make a very detailed note--write it all down if you have to--of any and all activities on the new job that are causing you pain, or are difficult for you to do due to your work injuries. Then you must make an appointment with your doctor and explain this. If your doctor is a patient advocate, he or she hopefully will modify your restrictions to protect you from the activities that are causing you issues, or better yet, pull you back out of work or say this job is not for you. Unfortunately, if your doctor is NOT a patient advocate, and is more insurance-oriented, the response may be far less helpful. Such as--"well, your FCE found you capable of performing a job at this activity level, so there is not much I can do for you. It should get easier over time. Have a nice day." At least in VA or NC, if you have the misfortune to be stuck with the second type of doctor, your options are limited. At least in VA, if you quit or refuse a light duty job with no support from your doctor, you've pretty much blown your case.
@ssharma861 Ай бұрын
@@JoeMillerLaw Thank you Sir for the response! I am only interested in VA/NC. In such vocational rehab cases is a settlement truly still an option on the table? How often do you see this settle?
@JoeMillerLaw 24 күн бұрын
@@ssharma861 Sorry for the late response due to the Holiday. Yes, settlement can still be an option, but sometimes the comp carrier wants to basically exhaust all possibilities of getting you an alternate job via voc rehab before discussing settlement. In other instances, they will be happy to negotiate with you during Voc Rehab. It really depends on the severity of your injuries and physical restrictions, your previous training in alternate occupations, and your pre-injury wage. The greater permanent restrictions you have, the higher your pre-injury wage, and the fewer marketable skills you have, the less likely it is that VR is going to succeed. That's going to give you more leverage in any potential settlement. In contrast, a low pre-injury wage is going to make it easier for the VRC to place you in almost any occupation that fits your physical restrictions, such as a Wal Mart Greeter. For instance, if you were making minimum wage pre-injury, working 30-40 hrs per week, that's going to make the VRC's job much easier. Whether you like the job he or she finds you is irrelevant. But if you had a high pre-injury wage like $1500.00 per week and now per your FCE you cannot go back to your pre-injury job, and your marketable skills outside of your pre-injury job are very limited, that's a much taller order, i.e. you would have more leverage to negotiate. All that being said, a lot depends on the carrier and employer. There are a few employers out there (I am thinking about a couple of Cities I know of) who will not settle a workers comp case under any circumstances. But in most cases, if you are "holding the winning cards" per this response, they are going to be wanting to resolve the case with you, and potentially for a good deal of money. I encourage you to contact our office to discuss your case further with my team and we'll see if we can assist you in getting the best settlement you possibly can. Thanks!
@him711 Ай бұрын
Hello sir, Any book pdf for drafting. ?
@JoeMillerLaw Ай бұрын
Not sure what you mean, but all PDF downloads on the website should be working now. Thank you for alerting me to the issue.
@him711 Ай бұрын
@@JoeMillerLawsir, how to write a case brief, drafting skills, etc. Any lecture or books you recommended, for new lawyer. Thankyou
@JoeMillerLaw 24 күн бұрын
@@him711 What area of the law? I would recommend you join an association connected to your area of the law, and your typical clients, first. For instance if you were personal injury, do you represent plaintiffs or defendants? This can cost some money, but it's worth it. For instance, in my area of VA worker's compensation and other areas of law, we have the Virginia Trial Law Lawyers or VTLA. You can look them up on line. They have seminars all the time, resources, a list serve where you can ask questions of your fellow attorneys. It's invaluable. Within the VTLA, they have sections for each specialty. For instance, there is a worker's comp section, a personal injury section, domestic law section, etc. You can join the section that matches your specialty and your fellow attorneys would be happy to share briefs on a specific area you may need if they have them.
@JoeMillerLaw 24 күн бұрын
Not sure i understand your question, but if you want to write a book, you will need some experience as an attorney, at least for a while, in your specific area. All most folks do is think about the questions your clients ask most frequently. Each question is a separate chapter and each chapter contains your very detailed answer to that question. And of course you have to think of a title. In terms of publication/printing, I like Ingram Spark. But you have to get someone to assist you with their formatting, and of course the layout and front and back cover, for uploading to Ingram when you are ready to go to print. Don't try that part yourself. You might have success finding someone to assist with that part via UpWork. But first you need your book content.
@Eastlandspathology Ай бұрын
This is a master peace, the advise is quite resourceful
@JoeMillerLaw Ай бұрын
Thank you so much. Makes my day.
@benalexender3046 Ай бұрын
Thanks ❤
@JoeMillerLaw Ай бұрын
You are very welcome. I hope the video helped you.
@benalexender3046 Ай бұрын
Thanks ❤
@JoeMillerLaw Ай бұрын
You are very welcome. I hope the video helped you.
@benalexender3046 Ай бұрын
Thanks
@JoeMillerLaw Ай бұрын
You are very welcome.
@azmodeuzgato Ай бұрын
If I have two work notes from different doctors (ankle surgery and shoulder treatment) and both doctors give me different work notes, one doctor keeps me off work and the other doctor sends me to work with restrictions, which one i have to take to go the work ?
@JoeMillerLaw Ай бұрын
Just as a caveat, I do not know what State your case is pending in. I am only admitted in VA and NC, so technically, I can only address comp cases that occur in those States; however, generally, if both the ankle and the shoulder are ACCEPTED or AWARDED body parts, then EITHER work note that keeps you out may be relied upon. This actually happens frequently with multiple injuries. But if, for instance, the ankle doctor has you out of work and the ankle injury is denied or otherwise not Awarded, then you cannot rely on that out-of-work note unless and until the ankle gets accepted or Awarded. Hope that makes sense.
@benalexender3046 2 ай бұрын
Thanks ❤
@JoeMillerLaw Ай бұрын
You are very welcome!
@barryjones7025 2 ай бұрын
I made number one mistake before quitting. I was frustrated and confused. Hell i even tried calling an attorney but they didn't call back for weeks. I didn't even think my health insurance was even an option. I learned health insurance doesn't cover work related injuries, but apparently they do only when you were denied workers compensation. The thing is nobody really goes into details about it until its too late. I was denied workers comp, i thought man I'm I'm prob screwed as far as my medical bills. I got my injury taken care of after i left the job, it was a pain to get it taken care of but i wish i knew that before hand. Now if you dont have health insurance, you will most definitely need an attorney to appeal the claim. But if you have health insurance ad your injury isn't too too bad, your better off doing that instead, maybe still file an appeal after you recovered, but I've also heard health insurance will want reimbursement if the claim is found to be a work related incident via the claim was reversed. Remember just because a state has a statue of limitations, that means absolutely nothing to the insurance company. You know people do abuse that rule any way, so its gonna be based off witness testimony and evidence is what will determine your claim results. They do the whole statue of limitations i guess because most people don't know or are negligent as far as how the system works. Claim appeals can take a while to resolve too. But i should've just shown my health insurance my denial letter and then health insurance steps in and would've at least helped pay for some of my stuff and could've still had a job there. But then again, whose to say the employer would find ways to fire you after your going through the process. But theyd be in alot of legal trouble if they dared to do so. Even on workers comp its not gonna always gonna go the way your best of interest because workers comps goal is to get you back to work very quickly with bad treatment and they can still give you trouble if you need surgeries and they may say their not medically necessary. Private investigators are another issue, your caught going out of scope of your restrictions and the private investigators will take pictures as evidence to withdraw your claim possibly the insurance company can sue you for workers comp fraud which i think is a 5 year sentence.
@alfmuss3 3 ай бұрын
I would love to open it all back up. Even though I settled by Stip for all future medical treatments to cure and or relieve from the effects of the original industrial injury. Had to dismiss my AA for non investigation of my case. And he was The President of the Applicant Attorneys Association.
@JoeMillerLaw 3 ай бұрын
So sorry you had a bad experience with your attorney. Doesn't reflect well on our profession.
@lorialdrich2991 3 ай бұрын
What about South Carolina?
@JoeMillerLaw 3 ай бұрын
I am not admitted in South Carolina, you would need a Workers Compensation Attorney admitted to practice in that state to answer your questions pertaining to that. If you do not already have one, I would recommend searching on AVVO.com for someone in your area with that expertise. Thanks, Joe Miller
@worldfitnesstrainerradekve9234 3 ай бұрын
Hi, I have problem with my WC insurance. They sending their NCM nurse manager and she is sabotaging my TDI benefits. She brought her own form with the insurance name on the form. I asked that I want the dr note from the office I always get ,she said its the same . And I wanted follow up but NCM said I didn’t need it because i am scheduled for specialist review my case on other island . I am in hawaii. Now they didn’t pay me for that month and a half. But i did send the dr.note from the nurse manager. . It should be legal dr note but my adjustor doesn’t want accept it but is seems they planed it not to pay me . If i have a nurse manager with me at the appointment she should take care of the paperwork and send it to my adjustor not to sabotage it and when I 2x said I want the regular dr. Note I should be able to get it also if i ask for follow up I should be able to schedule it but she unable me to do so . I think that’s illegal. I kept calling the dr. Office wanted my dr note they didn’t want give it to me with an appointment so i made an appointment which took over a month and got my dr note from my previous appointment when I actually did ask 2x for it but didn’t receive it. Now my adjustor denied that note said can’t accept backdated dr. Note! It’s like a scam if i am there they dont give it to me , when i make another appointment so they can get paid for it but didn’t even examined me my adjustor wont accept it. I was in that period seeing by other specialists for review scheduled by my adjustor so i send her note from that doctor she also ignored that note . Id assume that if the doctor is works compensation doctor and was examining me and was hired by works compensation company that dr.note should be as good as from my regular WC doctor they recommend to me and snd WC doctor’s note in hawaii is valid by law for 48 days.. or am I wrong? What is the period between doctors notes to get paid TDI? Because my first year it was 2 months between dr appointments 60 days but called department of labor they said 48 days I mentioned it to the WC doctor and my NCM nurse but same day same visit was scheduled to come in 2 months again 60 days.. But today the adjustor emailed me that to order to get paid tdi I need to get new doctor’s note every month. I think they lie and try to trick me What is the legal period between doctors notes is it 48 days or what WC doctor suggests it’s best according to the medical treatments? Thank you!
@JoeMillerLaw 3 ай бұрын
I cannot speak to your situation in Hawaii because i'm only licensed to practice in VA or NC. You need to consult an workers comp attorney within your state. I recommend AVVO.com to search for that person. If you hire an attorney, he or she should also be able to obtain any and all work notes via the Discovery process.
@Iehuda598 3 ай бұрын
Questions that's happened to me but is legal to put me a GPS in my car? And what apply to that?
@JoeMillerLaw 3 ай бұрын
It depends on what state you are in. In VA, a private investigator is allowed to put a tracking device on a vehicle, but only with the owner of the vehicle's consent. Otherwise, it's illegal.
@christopherjones7167 2 ай бұрын
@@JoeMillerLaw besides surveillance is there a way for them to find out if you’re working another 1099/ W-2 job? meaning is there a system that they use? any feedback would be great in the state of Pennsylvania/Delaware.
@JoeMillerLaw 2 ай бұрын
@@christopherjones7167 I am not admitted in those States, and since workers compensation law is different in every state, I cannot really speak to your question. I can just tell you that in some states, such as North Carolina, where i AM admitted, there is something called a Form 90 that either the adjuster or defense attorney will occasionally send out to the injured worker or his attorney. The Form 90 is often sent when the injured worker is receiving workers compensation checks and it is a simple form whereby the injured worker is bound, under the law, to disclose any income he may be earning at any job by way of that form. Any attempt to hide or be deceptive about your income while receiving worker's compensation money would likely be sanctioned by the Commission, result in a dismissal of the claim, and also subject the injured worker to CRIMINAL prosecution. So even though I'm not admitted in PA or DE, I cannot imagine that it would not land you and your claim in a world of hurt--or even in JAIL-- if it was discovered that you were earning money while receiving your comp checks, and lied about it, or attempted to conceal it. I recommend that you talk to a competent worker's comp lawyer in your state.
@rouguy1972 4 ай бұрын
Thanks for the video
@JoeMillerLaw 3 ай бұрын
You are very welcome.
@lucycamo4664 4 ай бұрын
God bless you bro🫡
@JoeMillerLaw 3 ай бұрын
thank you so much, I can use all the Blessing i can get!
@overrunwithboys216 4 ай бұрын
0 seconds ago Seeking Lawerly advice: I've read of MSA nightmares, how that sometimes the "Set Aside" denies the claim, then Medicare denies the claim, then you need a Lawyer to help get ANYTHING paid. Husband had a Open wound multi fractured "Leg salvage" crush Injury, Steel Mill accident, .. His injury required a Muscle and artery to be removed from his thigh & sewn into his lower leg, 11 hr Skin Flap surgery, 7 months later, Bone Graph surgery ....He's healed wonderfully... BUT he's Pre-diabetic, 60 yrs old (this happened 2 yrs ago)- still on Workman's comp as I write this... I have a huge fear ... he may have major Leg complications IN THAT LEG if he comes down with Diabetes in the future , then what, who pays... as I can easily see the MSA saying it's NOT related (but wouldn't it be after 9 surgeries, numerous CT scans, a rod, nerve damage & a sewn artery & Muscle to his lower leg,), his Pain Doctor said to him "he basically has a Diabetic leg NOW"... He also has Drop foot..... can you see both the MSA and Medicare denying these claims ? What is your expert Lawyerly advise to a situation like his. I'd personally prefer to keep the Medical Open but even with that, the Workmans Comp Insurance could still say -if he has complications, it's not related to the injury, or could they?
@JoeMillerLaw 4 ай бұрын
I"m so very sorry about your husband's injuries. It sounds like he's really been through the ringer. As I always say, my knowledge of workers compensation law is limited to VA and NC and i do not know where your Husband's comp claim is pending. But it would be governed by the laws of that State. First and foremost, everything depends on what the Medical Award is for. If it's for whatever leg or lower extremity your husband injured, at least in VA, the diabetes might be a complicating factor, but as we always say in the law, "you take your claimant as you find them." In other words, I am assuming that pre-diabetes was present prior to the leg injury. So if that makes the injury worse, harder to treat, or more expensive to treat, then guess what? Too bad for the insurance company. In VA, as long as some portion of the required care is related to the work injury, or surgeries on the body part that is Awarded then the comp carrier must pay for it. Any MSA would also take all of that into account. Despite all of that, I regret to tell you that I am hesitant to give anyone advice-unless they are my client--- certainly without having reviewed the entirety of the medical file. In any event, i certainly hope you have an attorney who specializes in workers compensation in whatever state where your husband's claim is pending. If you do not have one, you need one now, particularly if the carrier is starting to talk settlement. I would never attempt a settlement on what sounds like a career-ending injury that you are describing without an attorney on your side.
@victorvalenzuela6949 4 ай бұрын
My Worker’s comp keeps ignoring MRI for my 4 year head injury, where I have loss of smell and taste, forgetfulness and other issues. I also have multiple other injuries and hardware in my body. So I went to my personal dr. at Kaiser they did the MRI to my head and found that I have gliosis. I have the CD 💿 and the report and they are still ignoring it. I have both shoulder torn rotator cuff’s, tear in my left hip, a torn meniscus, c6-c7 all authorized for surgery but I’m scared. I also have 5 fractured ribs and 3 healed wrong. I tear in my hip Dr said possible future surgery. Hardware in my elbow plate and 10 screws and L4-L5 fusion done already. Thank you for your very helpful informative videos. They help me ask the right questions. As my attorney just says wait and do everything they ask for. This is a long process with all my injuries.
@JoeMillerLaw 4 ай бұрын
I"m not sure what State you are in , but i'm very glad to hear that you have a workers comp attorney. I would follow the advice of your attorney. Regardless, i am so sorry you are having to go through all of this. Do you have neurologist or other medical experts involved in your case who specialize in traumatic brain injury (TBI)? The impact of your Gliosis findings would best be addressed by those sorts of experts. While my comments are limited to VA and NC, medical care is typically directed here by the authorized treating physicians. So if any of those doctors refer you to specific, appropriate TBI physician, at least here in VA, that would have to approved by the Workers Compensation insurance carrier, assuming you were under a Lifetime Medical Award for the Brain Injury. I wish you a speedy recovery from your catastrophic injuries, and a very generous outcome in your case.
@kindredmalise6633 5 ай бұрын
I am in California, my case manager informed me that I was confused. And that it was not based on making me whole again, but rather to see if I my injury interferes with my ability to work. Funny fact, my work requires me to have a preexisting condition. Which is a government permit. which advises me to be physically fit and able to defend myself and others. To the point, is my case manager wrong or is she being smart and juggling the process into due process confusion?
@JoeMillerLaw 5 ай бұрын
Thank you, so sorry for the delayed response. I cannot speak to California's Rules on WC as i am not admitted to practice in that State; however what the NCM is saying is at least partially true. Workers Comp is not designed to "make you whole." Only a civil personal injury case, which also allows for damages for pain, suffering, inconvenience, etc, can do that, and insofar as I am aware, no State Workers Comp scheme allows for recovery of those items and most states do not allow you to bring a Civil Case outside of a workers comp matter, against your employer except in extremely narrow and rare circumstances. As your NCM said, your main issue in a WC case is typically your ability to return to your pre-injury job after a work injury. That ultimate capability will depend on the opinion of your treating physician after you reach maximum medical improvement. It is typically informed by a Functional Capacity Exam (FCE). I encourage you to watch my video on FCE's. And i guess what you are saying is that before the accident, you were able to do your job, which required you to "be physically fit and able to defend myself and others." Due to the injury, you believe you are no longer able to do that, but unless CA is very different from other states, you will need your doctor's support to prove that. Hope that helps.
@kindredmalise6633 5 ай бұрын
@@JoeMillerLawThe problem is the modified work order required me to go back to work with a 50 lb. weight restriction. Which is absurd considering that one may be randomly assaulted in my work. EG I had a recent incident, where two supervisors attacked me. One verbally assaulted me, and the other completed the assault. If I was in the military or another agency, I would have not been sent back to work with that modified work order. It is not ethical to send an injured person back to work. It's like sending a handicapped person back to the front lines. This does not inspire confidence for protection. Especially after the doctor was told there was no jobs available that fit that order.
@kindredmalise6633 5 ай бұрын
Is it a good sign when your case manager asks your current physician to close your case before your FCE?
@JoeMillerLaw 5 ай бұрын
I can't speak to your particular State, but what you are saying makes no sense. If you were telling me that the Nurse Case Manager was closing out her file, that would make sense to me. . But in VA and NC, the NCM does not have the power to TELL or ask your treating doctor to do anything, much less "close your case." Also, typically, the doctor will want to see you at least once more after the FCE to go over the results and sign off on them. Good luck to you on your case.
@SurjeetSingh-hc7mr 5 ай бұрын
Hello sir,how can i download your books pdf format. . i am a law students its very helpful for me. .thankyou. .
@JoeMillerLaw 5 ай бұрын
yes, please go to joemillerinjurylaw.com/books/
@JoeMillerLaw 5 ай бұрын
Sorry for the delayed response!
@SurjeetSingh-hc7mr 5 ай бұрын
@@JoeMillerLaw How Long Will My Case Take? This book cannot downloaded. .
@JoeMillerLaw 4 ай бұрын
@@SurjeetSingh-hc7mr Thank you for letting me know, we're working to fix that now.
@SurjeetSingh-hc7mr 5 ай бұрын
Hello Sir. .i have some queries please
@JoeMillerLaw 5 ай бұрын
Go ahead and shoot, or feel free to call us at 877-622-8656. Understand that we are only speaking to cases that occur in North Carolina or Virginia. We cannot speak to the laws of states outside Virginia or North Carolina. I am only admitted to practice in those States. thanks!
@Jeph7691 5 ай бұрын
Really good!
@JoeMillerLaw 5 ай бұрын
thank you very much! I'm glad you found the video helpful. Don't forget to like and subscribe! I just finished taping two new ones today. They'll be uploaded after editing is complete.
@kindredmalise6633 5 ай бұрын
Can you choose not see the fce due to the fce not delivering their reports to you?
@JoeMillerLaw 5 ай бұрын
Not really sure what you are asking, there. All medical providers are supposed to provide you with your medical records upon request. An FCE should be no different. If you are asking whether it matters in your case that the reports were delivered to the adjuster or defense attorney and not directly to you, although i cannot speak to the laws in every single state, insofar as i am aware, that is not going affect the defense's ability to utilize the FCE in your claim. The person who really needs to see that FCE is your authorized treating doctor and if you're having trouble obtaining it from the FCE facility, your treating doctor should be able to provide you with a copy.
@kindredmalise6633 5 ай бұрын
@@JoeMillerLaw To clarify I cancelled my FCE that was brought upon me at a spur of the moment decision from my case manager. Long story short, I was told by the adjuster I could not cancel. I cancelled due to not being texted or emailed the basic standards of sending me a text as a reminder, and location etc. I gave them ample time, went through two persons. Then decided to cancel. Which was based off my decision that they would not give me my medical records. EG, emailing my case manager the files instead of me.
@JoeMillerLaw 5 ай бұрын
@@kindredmalise6633 Well if i was your attorney, I would certainly make sure you were aware as to what date and time the FCE was and make sure we get a copy after it is finished. I would also make sure you show up. As attorneys, we have the power to subpoena medical records. Again i cannot speak to the laws in your state, but if this had happened in Virginia, and you ditched the FCE, you would likely have handed the defense an opportunity to file an Application to cut off your benefits for failure to follow the medical treatment plan. This is assuming your authorized physician had ordered the FCE. Doesn't sound fair, but regardless of the reminders, if you KNEW about the date and time of the FCE and failed to show, but based on what you are describing, I'm not sure the Commission would view your communication issues as sufficient reason to not attend a properly scheduled FCE. I hope it works out for you and you can get these issues resolved and get your FCE done.
@kindredmalise6633 5 ай бұрын
@@JoeMillerLaw I had a FCE rescheduled. The adjuster tried to trick me into admitting a bogus claim and the place I cancelled tried to trick me into saying I was refusing to goto the FCE. I don't think they wanted to say I was dodging the FCE as I was literally walking the day after the surgery to try and get better. To the point where the nurse put me on a bed alarm, which was again taken off so I could walk around and benefit myself. To the point, they ignored all of my valid complaints and the one key fact, they were denying me a choice to choose my own physician. Which seems apparently common when obtaining a FCE as it is a nightmare trying to find out who your physician is.
@terrencemilton5088 6 ай бұрын
Not worried about that. From what I know....
@zendean5207 6 ай бұрын
I was fired for what they CLAIMED was cause but it certainly didn't end my case at all. In fact mine is an accepted claim. Maybe that's true in N Carolina but in at least 2 other states I know for sure that it had no bearing whatsoever on the case.
@JoeMillerLaw 6 ай бұрын
Thank you for your comment. That is why I always say this is restricted to either VA or NC. Yes, it depends on the law in your state. In NC it's actually NOT the end of our case if you're fired for cause, but it is in VA. In VA, even if you are under an Award, if you are fired for cause while on light duty, that's pretty much the end of your case. Very hard to recover from that. In NC, it's all about your restrictions, even if you are fired for cause. That's under a case known as the Seagraves case. So yes, the laws vary widely on this issue from state to state.
@bridellgibson1605 6 ай бұрын
Thx for video
@JoeMillerLaw 6 ай бұрын
You are very welcome, hope it helped you.
@nancychabot4494 7 ай бұрын
I was a temp employee got terminated got offered full time job at another store told they couldn’t use me cause injury then I got ceritified letter job offer that said I took or rejected I lost benefits and severance pay either way I am at FCE
@JoeMillerLaw 6 ай бұрын
Not sure where your case occurred, but I'm sorry that happened to you. Looks like you got caught in a rejection and they drummed you out of benefits.
@user-lb1ck9jy5f 7 ай бұрын
God bless Israel for ever and ever.Amen.
@Babu-ww2eo 7 ай бұрын
Can someone do a small business while being out and still receive workers comp. I am from PA. What should I do if I see someone getting workers comp pay plus the side business.
@JoeMillerLaw 7 ай бұрын
I cannot address this question if the matter in question is pending in PA. I can only speak to VA or NC. In those states, it depends on the physical restrictions the doctor sets. If the doctor says "no work," and someone is receiving their weekly benefits and at the same time, secretly working on a side business, earning income, that is not allowed. In fact, it's fraudulent. On the other hand, if the doctor has the injured worker on some kind of light duty and the pre-injury job cannot accommodate those restrictions, but the side business work would be within those physical limitations, the injured worker could still engage in that work, BUT , assuming he is receiving workers comp checks, he must disclose his income to the workers comp insurance carrier. In that case, the full workers comp checks (Temporary TOTAL disability) would be turned into temporary PARTIAL disability checks, which = 2/3rds of the DIFFERENCE between the pre-injury average weekly wage and the post-injury average weekly wage in the side business. In NC, this is frequently addressed by something called a Form 90, where the injured worker is often asked to certify that he or she is not receiving any other income from a job while receiving workers comp benefits.
@yolandaatkins3317 7 ай бұрын
Joe Miller speaks the truth!
@JoeMillerLaw 7 ай бұрын
Thank you! I certainly try to get out as much info to help injured workers as I can. Have a wonderful Holiday!
@optimistx4187 7 ай бұрын
The Israëlian army, warcriminals.
@rmgranlund6083 7 ай бұрын
Thank you - this is beautiful! We love Israel and pray for the Jewish people and for the peace of Jerusalem. ❤
@JoeMillerLaw 7 ай бұрын
Your welcome and please keep praying. I also love Israel and wish i was there now.
@BolsaChicaRadio 7 ай бұрын
Joe seems like you're GREAT very understanding "everyday" kind of fella, with a huge plethora & wealth of information at hand. Beth at his office is also very helpful in being that extra, very kind welcoming heart at his phones. Even though I reside in CA, I encourage those who live in Joe's two states he practices in, to reach out and work with THEE best out there along the east coast; Joe Miller Law. I myself am currently caught in the "holding cell" of waiting for the defense/opposing counsel to gather up the insurmountable "Mt. Everest"-sized of medical documents, so the The CMS can fully examine and complete their calculations & submit their report back to the counsels. My only hope, is that a good, fair, honest & decent final MSA, that ALL parties can agree upon, comes to be a reality soon, after litigating a Workers' Comp case that has been going on, almost 11 years old. Anthony Ochoa (BolsaChicaRadio)
@mojorisin7317 7 ай бұрын
Ok the problem with the system 1st and foremost is that insurance companies don't have to settle in a workers compensation case. Sure a lawyer pushes paperwork easier and may know a few angles and will try to humanize you to the insurance companies but in workers compensation cases insurance companies and employers are overly protected by state and federal regulations. 2: you can't sue the employer regardless of fault unless criminally involved. 3: you don't get pain and suffering only if a 3rd party case was involved or can be ordered to pay you, like your working for the post office and while delivering a package to Home Depot their forklift operator runs you over, you can now go after Home Depot for the damages even though you got hurt on work delivering a package. If you were at the post office and got runned over by one of your fellow employees then you couldn't claim a 3rd party claim and won't be entitled to pain and suffering money no matter how long your recuperating. That alone, especially for severe cases is a big deal and a huge loss for the injured person. 4: Disfigurement/scarring is not payable for body parts that wouldn't show while wearing a suit. So especially woman who get burned or cut severely on their legs that would show scarring while wearing a dress wouldn't get compensation for that, like if it were their face or hands nor would anyone get compensation if the body was disfigured that again wouldn't show while wearing a suit. 5: Lawyers will take up tp 28% of your meager albeit tax free but tiny settlement while doing very little as they don't have the power like in a 3rd party case or non work related injury. So the biggest tip is to try not to be unlucky and get hurt at work especially without a 3rd party case and of course that's impossible to predict or prevent in most cases. Most state and federal laws heavily protect the employers and insurance companies and workers are lucky they are even covered in the first place. Get educated because all this information is publicly available if you know how to find it. Knowledge is power ✌🏽🇺🇸
@JoeMillerLaw 7 ай бұрын
I would agree with almost everything you say except for the 28% attorneys fee. I definitely agree on the protection/power and lobbying of insurance companies. The amount of information that employees are actually mandated by law to be told by employers about workers compensation is MINISCULE compared with what they SHOULD be aware of. Many, many folks who COULD HAVE been our clients and had successful cases make fatal mistakes before ever speaking to a lawyer. That is one of the main reasons I do these videos and why I am so passionate about doing them. To combat the almost complete lack of quality information or guidance that is out there for folks who get hurt on the job. As to attorney fees, they are set by the Commission in VA and NC. In VA, the Workers Comp Commission will typically approve 20% of any full and final settlement. Occasionally, there are additionally some smaller fees (usually in the hundreds of dollars) for getting claimants under an Award. In North Carolina, the Industrial Commission will typically approve 25% of any full and final settlement, otherwise known as a "clincher." Occasionally, if we have to got to Hearing, in NC, or litigate a major issue on a case, the Industrial Commission will approve us getting every 4th comp check (Again, 25%) in addition to the clincher fee.
@Lila77722 8 ай бұрын
My work comp doc recommended surgery or be released and when i told my employers, they told me I didn’t have to do the surgery. Do you know why they would tell me this? I told them what I know is I have to follow doc instructions because this is workers comp.
@JoeMillerLaw 7 ай бұрын
As I always tell people I can only speak for VA or NC, I do not know what State your accident was in. But at least in VA or NC, your treating doctor is the absolute last word on what kind of treatment you need. The only way the comp carrier can sometimes get around it is if they get you to an Independent Medical Exam and that doctor says surgery is not necessary. Sometimes they will even just have some hack doctor from another State review the medical records and say the surgery is not medically necessary, but those reports, where there is no exam, are typically given very little, if any weight. Of course the Commission will follow the treating doctor almost every time. If you are in VA particularly, I strongly urge you to watch my video on How to Keep from Losing your Case and the issue of Reasonable Medical Probability or Certainty. If your doctor believes the surgery is related to the accident and medically necessary, he or she will need to say so in writing, using the "magic words" along with proof on reasonable medical certainty and a few other issues mentioned in that video. This is only if the carrier actually DENIES the surgery and forces you to go to hearing or Motion to get it. In NC, that is often not enough, your doctor's sworn Deposition must be taken within 60 days after the Hearing to get those opinions into evidence. If it's just a medical motion, the written opinion may still suffice. One other consideration: if you really don't want to have the surgery and you would rather settle, don't tell your doctor that, but you might tell the adjuster you would consider doing the surgery later on your own dime....for the right settlement amount. Again, though, if you are not in VA or NC, none of this advice may apply. I would not make any additional moves without consulting with a workers compensation attorney within your state. Good luck!
@JoeMillerLaw 8 ай бұрын
virginiavictimsfund.org/
@JoeMillerLaw 8 ай бұрын
virginiavictimsfund.org/
@JoeMillerLaw 8 ай бұрын
joemillerinjurylaw.com/referrals/
@JoeMillerLaw 8 ай бұрын
joemillerinjurylaw.com/referrals/
@JoeMillerLaw 8 ай бұрын
joemillerinjurylaw.com/referrals/
@JoeMillerLaw 8 ай бұрын
joemillerinjurylaw.com/referrals/
@JoeMillerLaw 8 ай бұрын
virginiavictimsfund.org/
@JoeMillerLaw 8 ай бұрын
virginiavictimsfund.org/
@JoeMillerLaw 8 ай бұрын
virginiavictimsfund.org/
@JoeMillerLaw 8 ай бұрын
virginiavictimsfund.org/
@JoeMillerLaw 8 ай бұрын
virginiavictimsfund.org/
@JoeMillerLaw 8 ай бұрын
Here is the Form to file for an Expedited Hearing. Again, this is only on Awarded Claims: workcomp.virginia.gov/sites/default/files/forms/Expedited-Hearing-Request-Form_1.pdf