Questions and Answers

How do I know if I need a lawyer?

Perhaps you do need a lawyer, because you have contacted my web site! Obviously the best course of action is to call me to discuss your case. Normally during the first 5 minutes of our discussion it will be apparent whether you have a problem which requires my services. In that case I will let you know and if appropriate suggest that we schedule an appointment. There is no charge for this initial telephone consultation. Should a face to face meeting be necessary, no fee will be charged if your case involves bodily injury or legal malpractice. For all other cases, an hourly rate will be charged for consultations in my office, although in certain types of cases in which a flat fee will be charged, the consultation will be included.

I’ve just been charged with D.W.I. Do I need a lawyer? What must I do?

As with any criminal charge, you should call a lawyer right away. If you are charged with D.W.I., you will receive from the arresting officer a paper entitled “Notice of Intent to Suspend”. You should indicate at the bottom insert, page two, of the “Notice of Intent to Suspend”, that you want a hearing, sign the paper, and return it to the Department of Motor Vehicles immediately. If this is not done within 7 days from when you receive the Notice of Intent to Suspend, your license maybe automatically suspended (if this is not your first D.W.I, you must still send in the Notice of Intent to Suspend promptly in order to obtain a hearing to try to reinstate your license, although your right to drive will automatically be suspended 11 days from the date of your arrest).

If I am charged with D.W.I., what penalties am I facing?

In Vermont, a conviction of D.W.I. 1st offense, which includes either Operating Under the Influence or Operating With at Least .08% of Alcohol in the body, carries a minimum 90 days license suspension with the maximum fine of $750.00, and Court fees. In addition, you will need to successfully complete alcohol education screening, and if necessary counseling (at your expense) in order to be eligible to get your license back, at which time you would also have to pay a $50.00 reinstatement fee. Your auto insurance rates will also skyrocket as your agent will have to file proof of financial responsibility insurance with the State of Vermont. If you are a licensed driver in another State and are convicted of D.W.I. in Vermont, you will be subject to the same fines and penalties, and your right to drive will also be suspended for 90 days. There will almost certainly be consequences in your Home State which may include license suspension for longer than 90 days as Vermont will report your suspension to your Home State. I have the experience, determination and skill to defend your D.W.I. charge and to help protect your license.

What if I am in a car crash or fall and get hurt? Why do I need a lawyer? Won’t the insurance company of the other driver or landowner take care of my bills?

As your lawyer my job is to protect you and get you fair treatment. The insurance adjuster for the other parties may tell you that you don’t need a lawyer and that your bills will be taken care of. However, the adjuster works for the insurance company covering the other parties, and is interested only in protecting the insurance carrier. Experience shows that injury victims who represent themselves - putting themselves at the mercy of the insurance adjuster - receive far less in settlement than if a personal injury lawyer had been hired. It costs you nothing to find out what kind of personal injury case you have. Why wait until the medical expenses and other bills are piling up? Call me so that we can discuss your case together.

How much is my personal injury case worth? When can I find this out?

Clearly these are the two most important questions in any case involving bodily injury. Your case cannot be valued until you reach a “medical end result”, when i.e. you have completed all medical treatments for your injury and your doctor is able to advise whether your injury is permanent, to what extent, whether future treatment is necessary (and at what cost), and what impact your injury will have on your ability to earn a living, care for your home and family, and continue with leisure and social activities. This process often takes years from the date of your injury. If your ability to work has been permanently disrupted, I will call in a vocational rehabilitation specialist to determine your physical capacity to perform other types of work. An economist will then be hired to calculate the value of any lost earnings due to injury over the course of your work career and his opinion will be factored into the overall value of your case. I will research the value of your case through comparison with Statewide settlements and verdicts, as well as my own experience, and then recommend to you a settlement range of values. With your understanding of evaluation and approval, settlement negotiations will then begin.

How do you set your fees?

In personal injury and legal malpractice claims, I charge a 33 1/3% contingency fee, meaning that my fee is payable only if you collect a settlement, verdict or award. In that situation my fee would then be deducted from what you recover; if no recovery is obtained, there is no fee. In D.W.I. and certain types of criminal cases a flat fee is charged, and generally a retainer covering the first work to be done on the case is collected at the time of representation. I believe my fees are reasonable based upon my experience and skill, and clients charged an hourly fee receive a monthly detailed bill showing precisely all time spent and tasks performed on their behalf.

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WORKERS COMPENSATION Q & A

BENEFITS

What are the different workers compensation benefits?

If you are injured on the job you may get one or more of these benefits:

• Medical Benefits

• Wage Replacement Benefits

• Permanency Benefits

• Vocational Rehabilitation

• Death Benefits

Medical Benefits:  Payment of medical care, medicines and supplies that are reasonably necessary for your injury.  This may include doctor visits, hospital care, physical therapy, chiropractic treatment, medication or counseling.

Wage Replacement Benefits:  If you cannot work 4 days or more due to your injury, you get temporary total disability (TTD) benefits.  The amount is 2/3rds of your usual wage.  You get an additional $10 per week for each of your children.  If your doctor releases you to part-time work you get partial compensation, which is the difference between your full and part time pay.

Permanency Benefits:  Compensation for permanent or ongoing loss of function.  Not all injuries result in permanent impairment.  Permanency benefits may start after your doctor says you are at a medical end (when you have improved as much as you are going to).  The amount of your permanency benefit is based upon how much of a medical impairment your injury caused.  Doctors determine permanency based upon set medical guidelines.  Your permanency percentage is applied to your average weekly wage to calculate your total benefits.

Vocational Rehabilitation:  Services provided when your injury prevents you from returning to your usual employment.  This may consist of training, job placement or on-the-job training.  The goal of vocational rehabilitation is to return you to work at a suitable job.

Death Benefits:  Provided to a workers' spouse, reciprocal beneficiary or family if the worker dies from a work injury.  A spouse or reciprocal beneficiary receives benefits until age 62, receipt of social security, or until remarriage.

STOPPING BENEFITS

Can my wage replacement benefits be stopped?

Yes.  The insurance carrier can file a Form 27 or a discontinuance to stop payments if you go back to work, or your doctor releases you to work, or if you reach a medical end.  You are at a medical end if you have reached a plateau in your recovery and you are not expected to require significant medical care.  The insurance carrier must provide evidence that one of these situations applies to you.  This evidence may be from your own medical doctor, from your medical records or from an Independent Medical Examination (IME).

Can my medical benefits be stopped or denied?

Yes.  If your claim is denied or disputed you may not get medical benefits.  If you get medical benefits for a time, they can be stopped if there is medical evidence that you no longer need treatment.  In order to stop paying benefits the insurance company must have evidence to support their decision, and they must get approval from our office.

MEDICAL ISSUES

Can I pick my own doctor?

Yes.  Your employer can pick a company doctor for your first medical visit.  After that visit you can pick your own doctor by filing a Form 8, which is on the reverse side of your First Report (the form you file when you are first injured).  You can also get the form from our office or from our website (www.state.vt.us/labind).  You need to give your reasons for wanting a new doctor.

What is an Independent Medical Examination?  Do I have to go to this?

An Independent Medical Exam (I.M.E.) is a doctor's exam set up by your employer or it's insurance carrier to answer a question about your medical condition.  Some reason's for such exams are:

• Is your medical injury due to work?

• Have you reached maximum medical improvement?

• Is a certain medical procedure or treatment necessary?

• What is your permanent impairment?

You must attend an I.M.E. if you are given 7 days notice and there is a reasonable medical question to be answered.  If you are asked to go to more than one I.M.E. you should contact Worker's Compensation to discuss whether or not you are required to attend.

What does it mean to have reached maximum medical improvement or medical end result?

These terms are used by doctors when you have improved to the point at which you are not expected to improve much more.  If your doctor has recommended surgery or other significant treatment you are not at a medical end point.  Once you are at a medical end result your wage replacement benefits can be stopped.

Can I miss work to go to a medical appointment?

Yes.  If you are not working full time you should schedule your medical appointments outside of work hours.  However, if you need to go to a medical appointment during work, your employer cannot withhold your pay for that time.

GOING BACK TO WORK

Can I get my old job back when I am better?

The law requires that most employers give you your old job back - or the next "suitable" job they have.  For this provision to apply your employer must have 10 or more employees and you must return to work within 2 years of your injury.  You must also tell your employer how you are doing, and when you are available and willing to work.

What if I cannot do the work at my old job due to my injury?

Your employer may offer you work in a different position with job duties that you can physically handle.  If not, you must look elsewhere for work that you can do.  You should look for work within the physical restrictions set out by your treating physician.  You may be entitled to vocational rehabilitation assistance to help you find suitable, alternative employment.  The goal of this assistance is to ensure that you return to work in a job that is safe for your physical capacities and appropriate to your educational and employment background.

What should I do if I am released to return to work?

If your doctor releases you to return to work, either full or part-time, you should contact your employer immediately to see if an appropriate position, suitable to your condition, is available for you.  If it is, you are obligated to take it or risk losing your right to further compensation and/or vocational rehabilitation assistance.  If there is no suitable job available, you may be entitled to continued compensation.  If the return to work is part-time, you are entitled to temporary partial disability compensation.

Workers' Compensation provides workers injured on the job important benefits.  It also defines the rights of injured persons.

WORKERS' COMPENSATION

What should I do if I am injured?

Get the necessary medical care.  Next, tell your employer about your injury as soon as possible.  Your employer must report your injury to us within 72 hours.  Your employer should give you a copy of the report they file.  If your employer does not report your injury, ask us for a form to report the injury yourself.

What is a workers' compensation claim?

You have a claim if you are injured on the job.  What your claim is will depend upon the seriousness of your injury and whether or not it affects your ability to work.

When do I start to get benefits?

Your employer's insurance company has 21 days to investigate your claim and determine if your injury is covered.  This investigation process will go faster and smoother if you provide your employer information about your injury.  Your medical care should be covered at your first visit.  It is helpful to tell the doctor or hospital that you are there due to a work injury.  If you are unable to work you should begin to receive benefits within a few weeks of your injury.

Can my claim be denied?

Yes, if your employer or their insurance company deny your claim they must give us evidence for their denial.  Here are reasons why your claim can be denied:

• You were not an employee.

• You were not injured at work.

• You had a prior injury that could be confused with your work injury.

• You did not report your injury right away.

• You were hurt while intoxicated or while engaged in horseplay (fooling around).

If your claim is denied it is important to know why it is denied.  You can give us more information to support your claim or to address the reasons for the denial.  You can also ask us for an informal conference to discuss your claim.