Need help with workers comp attorney representation

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Xmann
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Need help with workers comp attorney representation

Post by Xmann »

Hey gang, I'm frustrated and upset because I'm feeling I won't be able to get help with my workers comp case because of my Covid illness.

I called two different workers comp attorneys in Tennessee and both told me they have no jurisdiction and I needed to call Kansas or Texas. Kansas is the physical location of the company who i worked for who sent me to Texas. Two different Kansas attorneys tell me they have no jurisdiction and I need to call Texas. I call Texas and two different attorneys and they tell me they don't do Covid. Last attorney said he'd be surprised if I could find anyone to help.

So here I am feeling that no one cares about my illness and is willing to help me. Am I getting the compensation I am supposed to get? How long will this run? What is I can't go back to work for another 6 months? What if I can't ever go back working as a nurse? Am I entitled to compensation? Workers comp case worker still hasn't approved my speech therapy. Been three weeks now. We are going to use our insurance because we are tired of waiting. We are using my wife's EAP for mental health counseling because case manager didn't get back for that either. Etc Etc Etc

I don't know what to do. If I can't work for several more months or longer, my wife's salary as a teacher isn't going to cut it with my $680 a week. Or is that reality and we need to make decisions about using up our savings to get through?

Anyone have any thoughts, ideas, suggestions, or is familiar with workers comp or can point me in the right direction.
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Isgrimnur
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Re: Need help with workers comp attorney representation

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Last edited by Isgrimnur on Wed Mar 03, 2021 7:15 pm, edited 2 times in total.
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Smoove_B
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Re: Need help with workers comp attorney representation

Post by Smoove_B »

Right now, it seems like the answer is it's complicated. Kansas tried passing legislation and failed. Texas specifically named nurses but it appears it won't be effective until 9/1/21 unless additional action is taken.

Maybe a long shot, but perhaps reach out to Representative Moody's office to share your story and see if they have advice?
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Blackhawk
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Re: Need help with workers comp attorney representation

Post by Blackhawk »

Wow, that really sucks. Maybe what would help (and hopefully someone can provide) is some sort of advocate who knows how to find the right answers, but isn't tied to their bottom line. Maybe something like this.
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Carpet_pissr
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Need help with workers comp attorney representation

Post by Carpet_pissr »

Try both your state and federal senators/reps. Hopefully they aren’t Covid deniers.

Failing that, local media.

SC just passed a law (of course) preventing companies from being sued for COVID related injuries.
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Daehawk
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Re: Need help with workers comp attorney representation

Post by Daehawk »

Try both your state and federal senators/reps. Hopefully they aren’t Covid deniers.
I wouldn't hold out hope there. Its TN after all. He is just up the road from me actually. Been up there many times to West Town mall. My wife was a UTK girl. God she loved that school.
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LawBeefaroni
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Re: Need help with workers comp attorney representation

Post by LawBeefaroni »

No personal experience, all our COVID cases went through employee health and were covered that way.

Here's a state by state list of legislation.

You might want to sniff around court sites in your relevant jurisdictions and look for cases like yours. Pull attorney names there. State workers comp commission is a place to start.
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Carpet_pissr
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Re: Need help with workers comp attorney representation

Post by Carpet_pissr »

Daehawk wrote:
Try both your state and federal senators/reps. Hopefully they aren’t Covid deniers.
I wouldn't hold out hope there. Its TN after all.
Fair point, but I’ve learned of situations where action behind the scenes, especially in one on one situations (politician working with one constituent vs a group, for instance) belies what you hear the pol say in front of cameras. It’s definitely worth a shot.
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El Guapo
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Re: Need help with workers comp attorney representation

Post by El Guapo »

I'd try the local bar association. This is the attorney referral service for the TN bar. I imagine TX and KS state bars have the same thing as well.

Also can't hurt to try calling the Tennessee AG's office. I don't know much about TN in particular, but lots of AG offices run services to try to help individual victims who call in.
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paulbaxter
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Re: Need help with workers comp attorney representation

Post by paulbaxter »

Afraid I don't have any advice, but I do work in an adjacent field. In my job we take reports about workplace injuries which end up, some of the time, being the basis for work comp claims. Of course over the last year we've had to adjust to taking lots and lots of COVID reports. I get the general impression that workplaces and insurance carriers are trying to do their best to just stay above water and participate in efforts to reduce workplace spread and lost days of work. Our end of that is giving out recommendations for home isolation per CDC guidelines as appropriate.

But in terms of work comp, I think the people who normally deal with sorting out work comp claims are just closing their eyes and hoping it all goes away without bankrupting the whole system.
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