Do I need an attorney if I got hurt at work and had to have surgery? 15 Answers as of May 23, 2013I messed up my knee at work. I went to physical therapy for about a month. It did not help so I went back to the doctor then he said I had to have surgery. I have been missing hours at work plus my overtime. I miss some days because it hurts so bad I cannot get up and walk on it. I got hurt September 4th of this year and I just finally had surgery. December 13, I had to walk on my leg everyday for three months which made it worse. What should I do?
Andrew T. Velonis, P.C. | Andrew Velonis
If you have a permanent injury, you may be able to get a "schedule award" which is based on a formula depending on the extent of your disability and your rate of pay, offset by payments you have already received. But: you should get some advice as to whether the schedule award is your best option. Depending on your situation, you may be better off getting disability payments and having your medical expenses taken care of. Consult with a worker's comp lawyer in your area. A responsible lawyer will tell you whether you need his/her services or not. Generally speaking, if the insurance company is doing the right thing (paying you for your time out of work and covering your medical bills) then you don't need a lawyer. If they cut you off or give you the run-around, then you do. If you are interested in the prospect of a schedule award as described above, then you will need a lawyer for that.
Answer Applies to: New York
DEHNADI & CONLEY, LLP | Ted Conley
Were you performing duties required by your employer when you suffered the injury? If so, you should be able to get compensation from your employer. These are usually not highly disputed claims when you were clearly performing your job duties, but an attorney may help to get you through the process and assure you are given the best treatment you can receive, as well as compensation for any lost wages/overtime.
Answer Applies to: California