tag:blogger.com,1999:blog-18740044.post115163865079165509..comments2023-11-05T05:55:08.294-04:00Comments on THIS IS NOT ->Delawareliberal: SB 362 - A closer lookjasonhttp://www.blogger.com/profile/07119892776164779402noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-18740044.post-1151765308662157252006-07-01T10:48:00.000-04:002006-07-01T10:48:00.000-04:00he feels that the bill ensures that the savings gl...<I>he feels that the bill ensures that the savings gleaned from cutting lawyers out of the loop will acrue to workers.</I><BR/><BR/>Without a lawyer, injured workers are bringing a knife to a gunfight.<BR/><BR/>True, those who receive benefits without a lawyer will not have to pay the lawyer his 20% cut. <BR/><BR/>But that savings is of no use to you if your claim is denied because your employer outlawyered you.<BR/><BR/>Also to be investigated: In the new system, are benefits adjusted down to account for the removal of the lawyers cut?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18740044.post-1151684626333784242006-06-30T12:23:00.000-04:002006-06-30T12:23:00.000-04:00(Consider this as a continuation response from the...(Consider this as a continuation response from the first post)<BR/><BR/>I had the opportunity to hire a lawyer and chose not to, because I kept really good track of what I was doing and really meticulous notes, correspondence, documentation, etc. I also went out to every website associated with the Office of Workers' Compensation, every citation of law, etc. I did all the work, made all the phone calls, pushed all the forms. Bottom line? You don't need a lawyer because the only thing that the lawyer is going to do is eventually hold out their hand for a big chunk of the money that you might get.<BR/><BR/>Now I still don't think that the system is easy to understand or to navigate through. It is designed so that you do give up more times than not. It is bureaucracy at its worst - or at its best if you view it from the other side. But people can find all that they need to know from bulletin boards online, places where people who have gone through the mess can help.<BR/><BR/>And one final point. Most of the time the lawyers really don't do much beyond what the individual can do on their own and many times, the lawyers actually slow the process down. What would you do if you had a lawyer calling you during your work day, telling you what you had to do because they - the lawyer - had been hired to make sure that YOU did YOUR work? Most people who got a call like that would end up moving a lot slower.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18740044.post-1151667306581279722006-06-30T07:35:00.000-04:002006-06-30T07:35:00.000-04:00Lawyers typically work on a 20% contingency. Worth...Lawyers typically work on a 20% contingency. Worth every penny compared with the cost of potentially getting outmaneuvered by your employer and getting zip.<BR/><BR/><I>he feels that the bill ensures that the savings gleaned from cutting lawyers out of the loop will acrue to workers.</I><BR/><BR/>This is the same argument used for the bogus malpractice "tort reform." Proponents say if you cap jury awards (i.e., give up some of your legal rights), costs for the system overall will go down and you will save money.<BR/><BR/>Now we hear the same thing for workers comp: If you give up your right to legal representation, your costs will go down.<BR/><BR/>My question is this: If we sign away our legal rights and we DON'T receive the promised cost benefits - can we have our rights back?<BR/><BR/>Look - the corps are trying to stop your ability to sue for medical malpractice, now they don't want you to even have a lawyer help you with your workers comp claim. Do you see the pattern here? I am NOT a lawyer, nor am I involved in any lawsuits - but I am just pissed at the way our right to representation is being stripped at every turn.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-18740044.post-1151649333195851142006-06-30T02:35:00.000-04:002006-06-30T02:35:00.000-04:00If there's one thing that's true in a Workers' Com...If there's one thing that's true in a Workers' Comp issue it's this: everyone EXCEPT the injured party wins.<BR/><BR/>I was injured in a work-related incident that occurred over a year ago. It wasn't my fault. It was the result of unsafe pratices that I had no control over; I was the unfortunate schmuck that ended up getting hurt.<BR/><BR/>I don't know what the answer is here. The problem, however, is that the system, no matter what, is always designed to fail for the injured party and as long as that is guaranteed, the employer will always win. I could cite example after example in my case to prove my point, but I would not be alone. Just ask anyone else who has been seriously injured on the job and NEVER recoups what they have lost.Anonymousnoreply@blogger.com