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HELP! Need some answers

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dggudmestad

Junior Member
What is the name of your state? Missouri

I'm writing in regard to my mother. She was working for a department store for approximately 4 months when she injured her back while lifting something to place it in a cart. The store did nothing for 2 years so she finally got an attorney. Since this injury she has been in severe back pin. She apparently has a herniated disk and the one above it is bulging. She has been unable to sleep in a bed for all this time and sleeps in a recliner. She is able to walk very short distances with a walker. Since going to physical therapy which was started only 3 months ago, she is walking VERY short distances with cane. She is barely able to walk to the bathroom and when she does, she is incontinent of urine. The workmens comp doctor has written that she is "temporary disability." He also has written she is able to return to work with a long list of limitations. What does this mean? There is no way she could work. Besides, who would HIRE her? The store she worked for has "taken her out of the system, but she could reapply." In my book, that means they FIRED her after she was injured. Am I right? Is that legal? It gets better. The attorney she hired was all excited about her case in the beginning, but is now saying, "You're going to get very little." She has only been able to see him maybe 3 times since she hired him and he will not take her calls. He tells her, "Just let me do my job." The last time my parents went to his office he told them to "Come in, sit down and shut up." Then he proceeded to say things in a sarcastic, condescending tone like. "You worked 4 months and whoops, I got hurt, that's convenient." "Make sure you bring your walker to court" and such. If she were to fire him, does she have to still pay him? They are on the "I win if you win" payment plan. Also, would she be starting over with getting treatment if she fired him? How does that work? I know that if I were paying someone to represent me and they talked to me like that, I would fire him, period. But, my folks are older, don't have any money and don't own anything so, they feel they are in a bind. If anyone has any experience or advice with any of this, I would appreciate any help you may have. I realize I have a laundry list here, but this is getting ridiculous.
 


I would take advantage of a free consult with another attorney.

MO is very specific (as all states are) with their processes of filing workers comp claims and which doctors you can see, etc etc-MO requires that you see their approved physicians, it is not a "choice" state. If all the i's weren't dotted and t's weren't crossed in the beginning, it may be reason for your difficulties now.

Back problems seem to result in a lot more disputes between employer/employee when it comes to workers comp.

Good Luck--
 

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