Donahoe Kearney, LLP

Because the at fault drivers insurance company does not pay for your treatment as you go, you will have to settle your case or go to trial and get a verdict to compensate you for your injuries and damages. For your future medical treatment, you will need a physician to specifically state the future medical treatment you will need, cost of the future medical treatment, and when it will occur. This can be a difficult thing to ask your doctor about, so we suggest giving us a call at 202-393-3320. Our experience auto accident attorneys will help guide you through the process.

This is something you should probably check with an attorney about if you are having your case or your medical records reviewed for malpractice. An experienced medical malpractice lawyer should be able to tell you pretty quickly if what you've encountered if a common, known risk of the procedure. You may have also gotten some literature prior to the surgery or procedure that warns you about common complications. If you have questions contact our medical malpractice lawyers at 202-393-3320.

It depends on the insurance company, and also from how the police report is written up. Sometimes the police report will indicate road conditions or other factors that caused the accident, rather than any one driver. If you were not at fault and the insurance company is rejecting your claim contact us at 202-393-3320 and we will give you some information you can use right away.

There's a lot of supporting documentation you should have prepared if you are filing for long term disability, but let's start with medical records. You should have your medical records in order from any physician or facility involved in treating the condition that is keeping you out of work. In the doctor's progress notes, they need to be very clear about your restrictions (what you can and cannot do at work, and for how long) so the insurance adjuster can't claim you can do more than you can. There's a lot more involved in preparing an application; give us a call today and we will get you set up for success 202-393-3320

In DC, you are still eligible for workers compensation even if you violated an OSHA safety standard, or if someone else did. Don't let an overzealous insurance adjuster or employer tell you that you can't file for workers comp. Contact our experienced DC workers compensation lawyers today to get the truth 202-393-3320

It depends on whether your work injury is keeping you out of work or if you have work restrictions and your company doesn't offer light duty. In DC workers comp, any time you are off work due to your injury, you will still get workers comp benefits if you lose your job. But if you are back to your regular job with no restrictions and you get laid off due to coronavirus (or any other reason) you won't be eligible for workers comp benefits. So it doesn't matter why someone is laid off after a work injury - if they can't work or are working light duty, they get workers comp benefits after being laid off. And depending on the injury, you may be eligible for additional workers comp benefits in the future as well.

It is the job of any workers compensation company to limit your benefits, so you shouldn't trust any insurance company whether it be Travelers, The Hartford, Sedgwick, Liberty Mutual- they are all going to have a team of employees whose job is to pay you as little as possible. If you are asking whether or not you need help with a workers comp insurance claim the answer is you probably do. Contact us today at 202-393-3320. Our experienced workers comp attorneys will give you information you can use the very same day to protect yourself while you are out of work due to a work injury.

No, workers compensation cannot force you to have surgery. However, if your doctor is recommending /referring you to surgery, the workers compensation adjuster may use that as an excuse to cut off your benefits for "non-compliance" which would mean you would have to file for a formal hearing. For our clients, we fight for whatever decision they want to make - not everyone needs surgery, and surgery doesn't always take. If you have been recommended to surgery and you are worried because you are being threatened by an aggressive adjuster or nurse case manager contact us today at 202-393-3320 and we will help you with the truth about what the adjuster can/cannot do. Read this article to get started! https://www.donahoekearney.com/faqs/can-my-workers-comp-insurance-company-force-me-to-get-surgery-.cfm

There are a couple of ways that you can hold a hospital accountable, and the way you go about it depends on the severity of the injury. If someone has been catastrophically injured at a hospital in DC, Maryland, or Virginia contact our experienced medical malpractice lawyers right away.so we can help you figure out what to do next. There are a couple of other administrative things you can do to report negligence or abuse at a hospital, but first call a lawyer to see if you can get help after medical malpractice.

If your job doesn't have light duty and you have restrictions documented by your doctor that keep you from returning to full duty, your workers compensation has to pay you for full benefits as if you were taken completely out of work. The workers compensation adjuster may try to use your light duty status as a reason to pay you less but you should be getting 2/3 of your regular wage tax free if you have been placed on light duty but your employer cannot accommodate. For more information on this, read this article https://www.donahoekearney.com/faqs/what-if-my-employer-doesnt-offer-light-duty-.cfm and if you need help call us at 202-393-3320

Your workers comp check should be coming at the same time every week or every couple of weeks. When our client's checks are late the first thing we do is contact the adjuster. If they can't provide proof that the check has been scheduled, we go to their adjuster's supervisor. You should be aggressive if your check is late - we've seen all kinds of excuses and delays for not sending the check out and it's not right. When it happens to our client, we fight until the check is received. To see how this works, read this article https://www.donahoekearney.com/faqs/my-dc-workers-compensation-check-is-late-again.cfm and then give us a call at 202-393-3320 if we can help keep your checks coming on time!

After you have been in a serious car accident in DC, Maryland, or Virginia you should NEVER give a recorded statement. The insurance adjuster is hoping you will say something that will hurt your claim and you may not even know how what you say can be used against you. We always tell our car accident clients to simply decline to give a recorded statement. To learn more about recorded statements after a serious accident read this article and then call us at 202-393-3320 to answer any questions you may have https://www.donahoekearney.com/blog/is-your-insurance-adjuster-asking-for-a-recorded-statement-.cfm

Pain and suffering is a part of your damages (think of the harms caused by the driver who hit you, like medical costs, lost income because you can't work, time away from your family, extra expenses for medical equipment - anything the other driver caused). It doesn't have a "price tag" like a bill for surgery, a hospital stay, an MRI, but it is very real (you don't need me to tell you that, you're going through it) and a recognized damage under the law. In our serious injury cases, we ask for some amount that is fair and reasonable under the circumstances.

The lost wages (if you have a good lawyer) are typically going to be a part of the settlement package when you are done with medical treatment and ready to settle with the car insurance company. You will need to keep records of the wages you are losing, which you should be able to get statements from your human resources department. Our car accident clients get their lost wages covered in settlement and we keep track of everything including medical records, medical bills, liens, and lost wages. If you need an experienced car accident lawyer after a serious car accident and going through complex medical treatment like broken bones surgery, etc, give us a call at 202-393-3320. You'll speak to a real person who wants to hear your story.

No - at least not in DC, Maryland or Virginia. In those states, the law of contributory negligence - meaning you can't recover damages if you were at all at fault in the accident (even 1%) - would mean you would lose the case and not be awarded damages.

Every letter is different but your denial letter should tell you exactly how long you have to appeal the denial, and when the denial is due. If your claim has been denied it’s important to contact an experienced long term disability lawyer as soon as possible. Contact us and we can help you right away! We have free information that will get you started, and Attorney Frank Kearney will review your denial letter for free and give you clear guidance on next steps.

It depends on where you are in the process. Are you just now applying for long term disability, trying to transition from short term disability? Are you on claim trying to put yourself in the best position possible should your claim get denied? Do you have questions after being offered a buyout? Generally speaking, when you schedule a consultation with us you will get a review of your policy and medical records in order to 1) identify the "deadly clauses" in your policy to find out where you are most vulnerable to being denied benefits; and 2) determine the extent of your injury or illness and how strong your case is at this point (do your doctors agree you can't work? Are you getting consistent medical treatment? Do you have objective medical evidence?) We will also review any correspondence from your insurance claims adjuster and give you a strategy for success in your long term disability claim. Call us today at 202-393-3320

Yes - if you got Coronavirus at work and it caused a pulmonary issue that keeps you from working (or another secondary issue that the doctor relates to the Coronavirus) you can get workers comp in Washington, DC. Other states have different rules. But, in order to get benefits you have to have records from your doctor relating your secondary issue to the Coronavirus that you caught at work, and he/she takes you out of work due to that issue.

If you have more than one job and you were injured at one job but cannot perform the other as a result of the injury, yes you can include both jobs in your benefits calculation. This is called "wage stacking" and it is allowed in Washington, DC. For more information on this, visit our website here https://www.donahoekearney.com/faqs/two-jobs-workers-comp.cfm and then contact us to see if we can help you get the benefits you are entitled to.

You can - but I don't think any experienced long term disability attorney would recommend it. Here's why: after you are denied long term disability benefits or those are terminated by your long term disability insurance company, your appeal is really your one chance to get those benefits. It's not just filling out a form. The appeal goes to the insurance company and gives you the opportunity to add evidence to the record - medical, vocational, factual evidence, and to argue your case. And if you have to file a lawsuit, that record is the evidence the judge will use to decide your case (if your policy is governed by ERISA, and most are) - you can't add to it later. So you need to develop the evidence, work with experts and specialists and include everything you can that will help your case.

Long term disability benefits are income replacement up to a certain percentage of your annual salary, depending on your policy. Long term disability policies are usually employer-sponsored and governed by ERISA. In order to be eligible for disability your doctors will need to agree you can't work, and this will need to be documented in your medical records. For more information about long term disability visit our website here https://www.donahoekearney.com/library/long-term-disability-claims-in-dc-maryland-and-virginia.cfm

DC is the highest paying jurisdiction for workers comp between DC, Maryland, and Virginia. That's why if you were hurt in DC, you want to make sure you are not filing in another state if you could be filing in DC. Request our free report on avoiding critical mistakes on your DC workers comp claim here! https://www.donahoekearney.com/practice_areas/workers-compensation-lawyers.cfm

In order to find out if your child's birth injury could have been prevented, you have to get a copy of your pre-natal care records and the birth records and have them evaluated by an experienced birth injury attorney who will be able to get a sense of whether or not a standard of care was violated by a hospital, provider, or HMO. For more information on the process give us a call today at 202-393-3320 or visit our website https://www.donahoekearney.com/blog/what-do-you-do-if-you-have-a-medical-malpractice-case-in-dc.cfm

If your workers comp claim is denied in DC you have the option to file for an informal conference or a formal hearing to challenge the decision with the DC office of workers compensation. Here is some more info on formal hearings in Washington DC that you may need to use if you have a serious injury and/or need surgery especially. https://www.donahoekearney.com/faqs/what-to-expect-with-a-dc-workers-comp-formal-hearing.cfm

Absolutely. Pro athletes are entitled to workers comp benefits in DC just like any other paying job. For more information about pro athletes and workers comp order our free booklet on the topic here https://www.donahoekearney.com/reports/the-pro-athletes-ultimate-guide-to-workers-compensation.cfm

Typically a workers comp case will go on until the injured worker reaches "Maximum medical improvement"(MMI) e.g. the medical treatment has gotten to a point where the person has fully recovered or recovered as much as they are going to. For a serious injury that's going to be at least a year after the injury, depending on severity. Once MMI is reached we will know how much to ask for in settlement.

It depends on how much work the attorney has already done on the case. In any event, we will need to review the prior attorney's file in order to determine if it makes sense for us to step in.

No, for car accident cases we do not require any up-front fees. Our fees are taken on contingency e.g. at settlement.

If you are already on long term disability claim and your claim had been denied, we will need to review a copy of your policy, medical records, and correspondence from the insurance company. If you are not on claim yet but you want your information reviewed, we recommend a consultation with Attorney Frank Kearney, which you can set up by calling 202-393-3320.

It depends on the jurisdiction...DC, Maryland & Virginia have different rules. Give us a call at 202-393-3320 and one of our experienced staff members will help you more specifically

For any type of workers compensation denial you can apply for a formal hearing to get your issue (benefits, medical treatment, etc) approved through the courts. If you need surgery give us a call at 202-383-3320. Your adjuster will fight harder to deny your benefits because surgery is expensive so you probably need the help of a lawyer.

Not typically - review your policy to make sure.

You may face other types of consequence for driving without your license but no you cannot be found at fault for an accident just because you don’t have a license.

The general rule is that the statute of limitations for wrongful death is two years from the incident. But it may depend on the jurisdiction. Contact our experienced medical malpractice lawyers today to get more specific information regarding your situation. 202-393-3320

Yes, you may be able to qualify for social security and long term disability at the same time but you won't be awarded full benefits on either - if you are receiving both at the same time one will offset the other. Some disability policies will actually require you to apply for social security after a certain time so they can pay you less. Eligibility requirements for each are different, so we recommend seeking legal advice if you are looking at filing for either. For more information on ERISA long term disability please visit our website https://www.donahoekearney.com/practice_areas/long-term-disability-lawyers-dc.cfm

Usually long term disability insurance policies have a waiting period of 180 days, meaning your medical condition or injury needs to keep you out of work for 6 months or longer. Many employers have short term disability that will cover you during this time while you are waiting for long term disability. Thinking about applying for long term disability but don't know where to start? Call us to schedule a consultation to get your claim off to a good start!

You will find this information in your policy. If you'd like to have your policy reviewed by one of our experienced long term disability lawyers, give us a call at 202-393-3320 or contact us here https://www.donahoekearney.com/contact.cfm

It depends on your policy but generally somewhere around 3-6 months

You may or may not need a lawyer for a minor car accident depending on the complexity of your case. If you are looking at car damage and replacement only, you probably don't need a lawyer. But if you have medical treatment longer term, you may want to consider hiring a lawyer. A good lawyer will manage your medical records and bills, which is important and will be used in tendering policy limits and negotiating a settlement. If you are seriously injured, you may even be looking at lost wages if you're out of work, multiple policies and adjusters to work with, and subrogation. Our experienced accident lawyers handle all of this and will negotiate the best settlement for you at the end of the treatment. For more information visit our website at https://www.donahoekearney.com/practice_areas/dc-car-accident-lawyers.cfm

Absolutely. You should always call the police no matter how minor in order to establish who was at fault. You should get a copy of your police report as soon as possible. For more information on what to do after a car accident, order this free, short report 7 Deadly Sins That Will Wreck Your Accident Case https://www.donahoekearney.com/reports/free-report-written-by-experienced-car-accident-lawyer.cfm

If you've been sent back to work light duty by your doctor and the position you're working pays the same as your previous position then yes, you should get paid the same rate. If your light duty position pays less than the salary/hourly you were making before you were injured, then you will get paid 1). the new rate by your employer; and 2). 2/3 of the difference between your old rate and your new rate by the workers comp insurance. Need more info? Visit our website for a full article on light duty https://www.donahoekearney.com/faqs/what-if-my-employer-doesnt-offer-light-duty-.cfm

We have four Spanish-speaking staff members. Meet Priscilla - our incredible paralegal! https://www.donahoekearney.com/bio/priscilla-villalta.cfm

Depending on where your child was injured and where the case is filed (DC, Maryland or Virginia), the settlement of the case and distribution of the proceeds may have to be approved by a judge. Basically, the settlement money for your child is held in trust and can only be used for his or her benefit. If your child is severely disabled and receives social security disability and Medicaid, he or she may be eligible for a special needs trust. For a relatively minor injury, you probably don't need a trusts lawyer but for a complex medical condition with a significant settlement and ongoing medical needs, we work with trust attorneys to set all of this up for the families we represent in catastrophic injury cases.

For a serious injury that requires surgery, a good ballpark estimate is 12 - 24 months because most of that time will be your recovery and rehab. We want our clients to focus on getting better, so we don't try to speed that up or slow that down to settle a case. But we work the whole time getting everything in the case ready to go, so when we know the full extent of the harms the other driver caused (the costs of your medical treatment, your lost income, permanent injury and future care needs, etc.) we're ready to go.

The process to prove medical malpractice claims starts with the medical records related to the injury and then negligence has to be proved from the records. The job of an experienced medical malpractice lawyer is to use the analysis of the medical records to determine that a doctor, hospital, facility, etc. failed to perform care based on the standard of care in that particular area. The standard of care can be determined by regulations and also expert testimony from doctors in that field. Proving a medical malpractice case is incredibly difficult and complicated. We recommend using a medical malpractice who is Board Certified by the National Board of Civil Trial Advocacy and has demonstrated their ability to pursue these claims by logging settlements and verdicts. For Donahoe Kearney, both of our experienced medical malpractice lawyers are Board Certified and have established themselves by winning verdicts and negotiating settlements. https://www.donahoekearney.com/case-results.cfm

If you've been in a small accident and you don't have a big injury, you probably don't need a lawyer. Car accident lawyers can help you if you are doing to be getting long term medical treatment, especially if you have surgery. Also, if you are going to be out of work for a long time and you have lost wages, you may need a lawyer. A lawyer is going to manage your records and bills, negotiate liens down so you can get a better settlement, and eventually negotiate your settlement. If you have multiple providers, multiple policies paying out, and different lienholders with whom to communicate, you might need a lawyer to make sure you get everything that you are entitled to under the policy limits.

For any long term disability claim in D.C. I always analyze the disability insurance policy terms, conditions and definitions - and I recommend you do that as well. Many of the major long term disability insurance companies, like Guardian, Hartford, MassMutual and others have similar policy provisions. If your disability was caused by an injury or medical condition you had before you left the job that provided the long term disability insurance, or if the injury or medical condition required you to leave, you should apply, but get a copy of the insurance policy so you're ready if they deny your benefits.

Great question! If you are returned to work with light duty after a work injury in DC, you will be eligible for partial benefits, assuming the role pays less than your regular job. If you are working light duty but at the same rate, you won't be eligible for additional benefits. For example, if you work heavy-duty construction and you can no longer do this type of work and they give you a desk job at a lower salary, you are eligible for 2/3 of the difference between your current pay rate and your normal salary. The check for 2/3 of the difference comes from the workers compensation insurance carrier and your regular paycheck comes from your employer. Now, if you are returned to work by your doctor with light duty restrictions (or work restrictions) and your employer can't provide light duty work, you will still be considered off work with full workers' comp benefits, which would be 2/3 of your normal salary. For more information on this, visit our website. Thanks for your question. https://www.donahoekearney.com/faqs/what-if-my-employer-doesnt-offer-light-duty-.cfm

Yes, if you are working and you injured by protestors or rioters, you will be eligible for workers comp. You might also have a case against the protestors or rioters if you know who they are.

You would need to use your Uninsured Motorist or Underinsured Motorist Coverage. Everyone driving in the DMV should have this - contact your insurance agent in order to get it. Here's an article on UIM https://www.donahoekearney.com/faqs/uninsured-motorist-coverage-in-dc-maryland-and-virginia.cfm

Yes! Cerebral Palsy Cases are extremely complicated and any lawyer who takes a CP case should have experience with everything that goes into these ;medical records management, medical experts, complex litigation, developmental science, etc. If you have a question about cerebral palsy our contact our experienced medical malpractice lawyers today at 202-393-3320

Yes - for an accident case in DC, Maryland or Virginia, one of the harms for people who are injured is pain and suffering. And it's a part of your damages, along with lost income, medical expenses, lost future income, future medical treatment and other harms caused by the driver who hit you. You need to prove the pain, suffering and other damages, of course. We have a system for doing this if you are seriously injured in an accident.

Our fees depend on where you are in your case; there are different fees for initial review than there are for litigation, for example. And we also offer consultations for short term or long term disability issues for an hourly fee. But if your claim is denied we will review your denial letter for free and help you with the next steps.

Yes, you should definitely hire an experienced ERISA attorney to help you with your long term disability insurance case. 1. An Attorney will understand what is required in the administrative record, and know how to put it together; 2. An experienced attorney will be able to help you deal with your doctors to get the appropriate documentation of your disability; and 3. An experienced trial attorney will know how to argue your case before a federal judge. If your claim has been denied call us at 202-393-3320 today to get started with a free review of your denial letter. Don't wait- you only have 180 days to appeal!

Yes, in most cases you do need an attorney for your long term disability case. This isn't something we say lightly - in workers comp and personal injury there are cases that come up that don't require a lawyer. But with long term disability, especially if your case has been denied, the rules favor the insurance company and in most circumstances there are only 180 days to appeal a denial. If you're looking for an experienced long term disability lawyer please give us a call at 202-393-3320.

To prove a doctor is negligent you first have to establish the standard of care and then prove that they violated that standard. It sounds simple but this process often involves heavy investigation and expert witnesses.

The short answer is no, the other driver will not directly pay your medical bills. In a car accident the payment comes in lump sum after treatment is finished. That's why for serious car accidents a lawyer will manage the medical records, bills, liens, and subrogation issue to a seriously injured client can focus on getting better. In most cases, you will use your personal insurance to complete treatment and then get reimbursed in settlement.

No. And no judge will talk to you without the other side present - either in court or on a conference call. That is one of the rules that make sure neither side gets an unfair opportunity to influence the judge. Of course, if you feel you need to talk to the judge, talk to your attorney about it first. And if you handle your case without an attorney (you are pro se) you can talk to the judge, but again, the other side has to be present. One party talking to a judge without the other there is called ex parte communication and is prohibited by the rules in almost every situation.

Every driver in DC, Maryland, and Virginia needs to have Uninsured or Underinsured motorist coverage. It's just way too risky in this area. You only have to cover 30k of insurance in this area by law, and that's not going to cover you if you get hurt by someone with "legal limits" -- it won't pay for your medical bills or lost wages. It's inexpensive to buy and you really won't regret it if you ever find yourself in this situation. https://www.donahoekearney.com/faqs/uninsured-motorist-coverage-in-dc-maryland-and-virginia.cfm

There are 5 things you should always do when you're in a car accident 1) get the other driver's insurance information; 2). Take pictures at the scene 3). Call the police; 4). Go to the emergency room; and 5). get follow-up medical treatment. If you need more information, visit our website or give us a call at 202-393-3320. If you've been seriously injured, you might need an attorney to help. https://www.donahoekearney.com/practice_areas/seriouscarandtruckaccidents.cfm

Cerebral palsy means its hard to control motor functioning and muscles due to an injury to the part of the brain that does that. So severe cerebral palsy may mean the person can't walk, talk, feed themselves or take care of themselves. More mild cases may have less severe symptoms and not affect cognitive functioning. We see sad cases where a hospital didn't deliver a baby in time and the baby sustained brain damage - and we do everything we can to get that family everything they need to care for the child.

Cerebral Palsy is a brain injury that requires lots of different types of treatment depending on how severe the brain damage is. There may be motor skills issues, developmental delays, issues with coordination, speech issues, and even could go as far as incapacitation /paralysis. If you suspect your child has cerebral palsy and he/she is still a young child, they need to be evaluated by pediatrician to check to see if they are hitting developmental milestones, and then you may get a referral to a specialist depending on what your child needs. https://www.donahoekearney.com/library/signs-and-symptoms-of-cerebral-palsy.cfm

Medical malpractice occurs when a medical provider, hospital or facility fail to follow established Patient Safety Rules, resulting in an injury.

Yes...texting and driving is illegal in DC, Maryland, and Virginia and use of a handheld device will be considered negligence for the the purpose of a car accident. And if you’re a victim, but were also on a cell phone, you could be found contributing to the negligence and lose out on recovering a settlement. The moral of the story is don’t use a handheld device at all while driving. https://www.donahoekearney.com/blog/textinganddrivingdcmarylandvirginia.cfm

Most of the time, no. You can't/should not change jobs while you are on workman's compensation, if it means that you go to another job for significantly less money. You absolutely cannot collect a paycheck, hide it from the insurance company, and also collect worker's comp. That is fraud, and will get you kicked off your claim and probably get you fired from your attorney if you have one. If your doctor clears you to go back to work light duty work, but your job doesn't have light duty work, you are still entitled to your tax-free 2/3 benefits payment. But, it will probably NOT be the best thing for you and your family to take say, a minimum wage desk job, just to get some income. If you are able to go back to work and earn similar income (most heavy duty workers can't), that's a judgment call. If your claim is denied and you aren't getting paid, you should call us to get some good information on how to take care of yourself and your family without screwing up your case.

If you aren't getting paid through workman's comp, and you are restricted from going back to work due to a work-related injury then yes, you may be forced to use your sick leave, vacation time, or FMLA in order to continue getting paid and recover from your injury. But don't let that go on - you should contact an attorney immediately to discover the truth about what you are entitled to through worker's compensation.https://www.donahoekearney.com/faqs/usingsickleavewhileonworkerscompensation.cfm

If your claim has been denied due to lack of "objective medical evidence," what they mean is indisputable tests that indicate or prove a diagnosis, such as MRIs, test results, scans, etc. The problem is that many conditions don't have corresponding "objective medical evidence" to prove or disprove a diagnosis, like Fibromyalgia for example. To learn about how objective medical evidence is a "shell game," used to deny your claim, click here https://www.donahoekearney.com/library/shell-game-the-objective-medical-evidence-test.cfm

Absolutely. Many people who have purchased a long term disability policy or have one through their employer in D.C. don't realize that they should appeal a decision denying or ending their long term disability benefits, and how to do that. It's a critical, important step so you have to get it right. We can also help people who are applying for long term disability or think they may have to in the future because a medical condition or injury prevents them from working. Most lawyers won't handle long term disability claims, but our experience with the medicine, working with medical and vocational experts and working against insurance companies give us a unique perspective that we use to help you get the benefits you need.

An administrative record is your entire appeal. All of the information and evidence that you put into that plus the insurance company’s claim file. In ERISA long term disability insurance appeals, you don't get to do discovery or have any type of trial. You only get one chance to present all of your evidence and that is in your appeal, which is why the appeal is so critical and you should work with an experienced attorney to get that done. Discover the truth about ERISA disability below. https://www.donahoekearney.com/library/appealing-your-long-term-disability-denial-in-d-c-.cfm

It depends. The statute of limitations for workers’ compensation claims is technically one year, but it all depends on whether or not you gave timely notice, and/or when you become aware of the injury. Here’s a little excerpt from one of our articles on this topic. “In DC, the statute of limitations is one year from when you became aware or should have become aware of the injury. But there are lots of exceptions to this: it doesn’t mean you are out of the workers comp system if you haven’t filed the forms on time. Read the full article here and then give us a call if you need help with a serious work injury 202-393-3320 https://www.donahoekearney.com/faqs/how-much-time-do-i-have-to-file-a-workers-comp-claim-.cfm

Of course. You have to request the autopsy directly from the hospital. It's best to let the hospital know immediately that you want an autopsy, whether immediately after death, or if death is imminent. You should inquire within each hospital administration, or check with your doctor as to the protocol for requesting an autopsy from that specific hospital.

That’s a tricky one! Any employer who has three or more employees is required to have workers’ compensation insurance. That being said, not all employers follow the law! If it turns out that your employer does not have insurance, you do have a remedy but you will have to sue the employer directly rather than filing for an insurance claim. Most people don’t know that if they are hurt at work, it’s an insurance claim and not a direct lawsuit, much like renter’s insurance. For more information, visit www.donahoekearney.com. We have hundreds of answers to questions you can get right away with a simple search or visit the FAQ section.

Most of our cases are taken on contingency only. Contingency means we take all the risk, and you will pay us out of what we win for you. There are some exceptions to this: for example our long-term disability practice is set up as a mix between direct fees and contingency. For more information on this, check out our website https://www.donahoekearney.com/video/who-you-work-with.cfm

If you’re not happy with your current lawyer, ask yourself a few questions. Is my lawyer responsive and keeping me updated on my case? Has he or she explained the merits of my case to me, and do I understand the challenges and the attributes of the case (at least broadly)? It’s definitely a red flag if you are having a difficult time getting in touch with your lawyer: if you haven’t spoken to him or her for a couple of months. We’ve had some clients come to us simply because their attorney isn’t aggressive enough on their case, and that can happen when a lawyer has too many cases or isn’t well-organized. If you are not happy with your attorney, it is possible to get your case reviewed by another attorney: the most important thing you can do to set yourself up for a timely review is request a copy of your attorney’s file, so you can have it one hand if you get a second opinion (the second attorney will need to review it). Have questions? Call us at 202-393-3320. We are happy to help.

The short answer is no, you don't have to use the attorney your union uses. Check out this article for more great information, and if you're not happy with your union attorney, give us a call at 202-393-3320 to see if we can help. https://www.donahoekearney.com/faqs/but-my-union-has-a-lawyer-are-they-any-good-.cfm

Unfortunately, we are not handling government workers’ compensation claims simply because we specialize in the private sector. If you do have a government comp case, you probably do need to look into hiring an attorney. We recommend Devadoss Firm for federal claims, https://www.fedemploymentlaw.com/ and Harold Levi for local and federal government claims. https://tm401.infusionsoft.com/app/form/8558e00e767b61b9b9b1b39a33fa72d8

Great question! Generally speaking, the priority for the insurance company is to protect their bottom line, not to invest in you or your medical care. Sometimes adjusters and nurse case managers will be nice up until the point you need surgery, and then they will start to get aggressive and cut off your benefits. Sometimes the adjusters will give you a hard time right up front. If you have a nice insurance adjuster, you're in the minority. I would say keep your guard up - it really is about the money they are spending at the end of the day, not your healing and recovery. I hope that helps. Give us a call at 202-393-3320 or visit www.donahoekearney.com for more information. Insurance adjusters are assigned to car accident cases, long term disability claims, workers compensation and more so it definitely pays to know the truth about them. https://www.donahoekearney.com/reports/workers-comp-nurse-case-manager.cfm

You can contact the other driver's insurance company to report the accident. But we also recommend carrying uninsured or underinsured motorist coverage in case the other driver's insurance coverage is insufficient or nonexistent. https://www.donahoekearney.com/faqs/getting-the-right-insurance-coverage-in-dc-md-and-va.cfm

When your medical condition or injury means you can't work, trying to get disability can be overwhelming. That's why we help people with long term disability claims. Long term disability means you or your company have an insurance policy that covers you if you are disabled and can't work because of a medical condition, illness or injury. The benefits and application process will vary depending on the policy you have and the insurance company, but basically, you will have to show the insurance company that you are disabled and can't work (as those terms are defined in the policy). Quick note - if you received a denial letter, call us and we'll review it for free - that letter starts the clock ticking on your time to appeal the denial, so don't wait. Social security disability is available for anyone who has worked enough and paid into the social security system, to qualify for those benefits. Those benefits are available to everyone who qualifies, but you still have to apply.

Light duty requirements are questions we get all the time- so great question. There are all kinds of things that the employer may or may not know about workers' compensation. For example, they may put you on FMLA when you are supposed to be on workers' comp. Or they may have you use your sick leave when you were injured at work. The short answer to your question is no, they don't have to provide light duty. But, if they don't have light duty (say you are a heavy-duty Gasfitter) they have to pay you your workers' comp in lieu of providing light duty. For more on this, visit our website at https://www.donahoekearney.com/faqs/what-if-my-employer-doesnt-offer-light-duty-.cfm Share

Chances are, if your accident isn't serious (like say, less than $20,000 worth of initial damage) then you probably don't need a lawyer. The insurance companies tend to focus their tactics more on the cases that are going to cost them a lot of money. However, if you have a serious injury, you are going to be out of work, and you're dealing with health insurance subrogration (liens) and low-ball settlement offers, you may need an attorney to help you with compensation for your medical treatment, lost wages, etc. Learn more here. https://www.donahoekearney.com/faqs/doireallyneedalawyerforacaraccidentindcmarylandorvirginia.cfm

That's a question about medical malpractice cases that we get a lot, especially in D.C. It could be that the case would be more expensive to pursue - these cases require thorough investigation and analysis, and often experts in different medical specialties - and that the legal damages you could recover for your injuries would be limited, so that by the time you paid back the lawyers and all the expenses, you wouldn't get much out of it. So because of the expense and difficulty of medical malpractice cases, we only handle cases with severe injuries where the person can't care for themselves, like cerebral palsy, brain damage and paralysis. We want to make sure we can make a real difference in your family's life, and not put you through a case just so we get paid and the experts on the case get paid - that's not how we do things. Some lawyers will do that - not us.

Long term disability benefits usually fall under ERISA (most people get these through their employer). Usually that means a disability policy with a company like Unum, Reliance, Hartford, there are a lot of these companies. If you are denied long term disability benefits (or your benefits are terminated) and you get a letter stating that, under ERISA you have 180 days to appeal - and that is a lot of work, it's not just a form. Your appeal goes to the same disability insurance company. If that is denied, you can file a lawsuit in federal court because ERISA is a federal law. Short term disability is limited and is sometimes paid for directly by your employer. And social security disability is a federal program that all workers pay into. And if you have a serious injury or medical condition and can't work, they can all apply to you.

The quick and easy answer is, you don't! The settlement takes into account the extent of your medical treatment, so it would be premature to evaluate a settlement if you are still treating actively and not near the end of your treatment. Hope that helps!

The short answer is, yes in most cases the claim survives. Check out this blog post! https://www.donahoekearney.com/library/im-on-workers-compensation-in-d-c-can-they-fire-me-.cfm

It depends on how long you've been with your current attorney and how much work they've done. We address this question in this article - check it out! https://www.donahoekearney.com/library/what-happens-when-your-lawyer-just-isnt-getting-things-done.cfm

Hello Berhan. Thanks so much for your question. It's not too late to get the answers you need. Go to our Frequently Asked Questions section on our website, and call us for an information phone call (202-393-3320) with our Client Experience Specialist. Hope this helps! https://www.donahoekearney.com/faqs/workers-compensation/