What are my rights regarding worman's compensation? 29 Answers as of July 11, 2013

I have been on workmans comp for 11 months following an accident and have had one arm surgery and need a future surgery on my neck. There is nerve damage and disk issues. They are wanting to settle with me. What should I be looking for?

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Holzer Edwards
Holzer Edwards | Kurt Holzer
You should be looking for a workers compensation lawyer to sit down with and review your case. There are far too many variable for someone to answer this type of question authoritatively without sitting down with you.
Answer Applies to: Idaho
Replied: 7/20/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
You should be looking for a lawyer that specializes in worker's compensation law. This is a very specialized area of personal injury and there are statutes that govern how payouts to injured parties and their attorneys are to be paid. If you are unsure what you are being offered is enough, you should consult with an attorney who is well versed in worker's compensation.
Answer Applies to: Oregon
Replied: 7/20/2011
Law Offices of Daniel R. Wingler, P.C.
Law Offices of Daniel R. Wingler, P.C. | Daniel R. Wingler
You will certainly want someone experienced in valuing Colorado workers compensation claims to oversee and negotiate any settlement. There are many factors you may overlook in deciding to accept a settlement. These include, but are not limited to, the following: Future medical care Potential for future worsening of condition Future lost wages in the event that additional treatment is warranted Payment for any permanent impairment, no matter how small The value to the carrier of closing the claim, etc. This is not an exhaustive list, but you are far better off with knowledgeable legal counsel to do this for you. You will receive a much better settlement even after attorney fees. You may also determine that settlement is not in your best interest after the process and ramifications of settlement are explained to you. There are many deadlines that will affect the value of your case If they are missed
Answer Applies to: Colorado
Replied: 7/20/2011
Garruto & Calabria, LLC
Garruto & Calabria, LLC | Andrew F. Garruto
It's premature to settle your workers' compensation case because you're still treating, with what is presumably curative treatment. After your treatment has completed, the next step would be to obtain all of your medical records and be examined by a medical doctor in the area of medical specialty where your injury lies, e.g., orthopedic, neurological, etc.. These doctors will put a percentage of permanent disability in their report(s), and you will then need to see the report(s) of the insurance company's doctor(s) to see what [how low] their opinion of disability is, if any, in order to determine what your particular case should resolve for.
Answer Applies to: New Jersey
Replied: 7/19/2011
The Law Firm of Shawn M. Murray
The Law Firm of Shawn M. Murray | Shawn M. Murray
You should be looking for an attorney to represent you. There is no way of knowing what a fair settlement amount is without knowing all the details and doing some very in-depth calculations and projections. Settlement, at least at this juncture with a surgery recommendation on the table, is definitely not in your best interest unless the amount is large enough: 1) that you can afford to have your surgery in the future if necessary, as well as post-surgery physical therapy, prescriptions, follow-up appointments, etc.; and, 2) to compensate you for any loss of earning capacity you may have suffered (the employer/insurer owes you indemnity (lost wage) benefits for up to 10 years). I can all but guarantee you a couple things if you settle without an attorney: 1) the insurance company is going to "low-ball" you substantially on the settlement amount; and 2) the attorney for the insurance company is going to structure the language of the settlement documents completely in the insurer's favor. Remember, once you settle your claim both the employer and the insurance company are off the hook, forever.
Answer Applies to: Louisiana
Replied: 7/19/2011
    Law Offices of Joseph I. Lipsky, P.A.
    Law Offices of Joseph I. Lipsky, P.A. | Joseph Lipsky
    You certainly should not take any actions towards resolving your worker's compensation claim without first consulting with an experienced work compensation attorney, to make sure your rights are fully protected.
    Answer Applies to: Florida
    Replied: 7/19/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    First of all you should contact a lawyer first to see if the settlement is appropriate and then to see if you have a third party case. That is, was their anyone else besides your employer who may have been responsible for your injuries. You should discuss the facts of how you hurt yourself with a qualified personal injury attorney. If you would like to discuss this matter further.
    Answer Applies to: New York
    Replied: 7/19/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 7/19/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    If you are going to need ongoing medical treatment, do not settle. They are on the hook for the rest of your life as long as you have medical issues from the accident. This e-mail is covered under the Electronic Communications Privacy Act, 18 USC 2510-2521, and is legally privileged. The information contained in this e-mail is intended only for use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
    Answer Applies to: Michigan
    Replied: 7/19/2011
    Judnich Law Office
    Judnich Law Office | Martin W. Judnich
    My firm does not handle worker's compensation cases.
    Answer Applies to: Montana
    Replied: 7/11/2013
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    This depends on too many factors to address here. It is a matter of impairment rating, functional capacities evaluations, your work history. You need a consultation with a compensation lawyer.
    Answer Applies to: Alabama
    Replied: 7/19/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You have not given me enough information. A fair settlement depends on what your average weekly wage was before the accident, what impairment rating the doctor assigned, and how the injury affects your ability to do your job. You may even need to hire a vocational expert to answer the latter question. If you do not have an attorney, you should get one.
    Answer Applies to: South Carolina
    Replied: 7/19/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    It is hard to say. You have to look at the future value of the compensation checks and how much the medical care will cost long term it can provide some measure. In some instances, a new insurance companies will decline coverage of worker's compensation injuries after your settle. The insurance company or company itself if it self insured will want a discount off the cost in exchange for a cash payment. Be very careful about accepting a compromise and release as it impacts your medical care and it sounds like issues are not resolved. If you are unsure contact an attorney for a consultation. While their is fee involved, you might be impacting your long term medical care and compensation.
    Answer Applies to: Pennsylvania
    Replied: 7/19/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You should be looking for a good Worker compensation lawyer. Future medical care and disability ratings are involved here and you are not in any position to talk settlement until these are considered.
    Answer Applies to: North Carolina
    Replied: 7/19/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    A person would have to review your complete medical file before this question could be answered.
    Answer Applies to: Virginia
    Replied: 7/4/2013
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Things such as cost of surgery, cost of recuperation, lost wages & increase in disability. However you may not want to settle the case under these circumstances.
    Answer Applies to: Connecticut
    Replied: 7/25/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    You could several separate claims, medical expenses, lost wages, permanency, disfigurement. You need to discuss with a workman's compensation lawyer, in greater detail.
    Answer Applies to: Delaware
    Replied: 7/19/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    A good worker's compensation lawyer in your area.
    Answer Applies to: Florida
    Replied: 7/8/2013
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    You should be looking to hire a workers comp attorney
    Answer Applies to: Florida
    Replied: 7/19/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Your question presents loads of issues. First, you should be represented by a workers compensation attorney. Second, you should determine if someone other than your employer or a co-employee caused your injuries. If so, you may have a separate claim that is worth a lot more than workers comp. After that rely on your comp attorney.
    Answer Applies to: New York
    Replied: 7/19/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    You really need to speak with a workers compensations lawyer. The value of your case depends on more factors than I can list here. Among them are your age, your education, then precise nature of the surgery you have, your doctors' opinions about the cause of the conditions which required the surgery, your range of motion, and numerous other factors. Moreover, it may not even be worth your while to settle yet. I would be happy to speak with you.
    Answer Applies to: Oregon
    Replied: 7/19/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    You need to consult with an attorney that specializes in workman's comp. They are trying to cap their expenses.
    Answer Applies to: New Jersey
    Replied: 7/19/2011
    David Hoines Law
    David Hoines Law | David Hoines
    a lawyer to represent you and obtain the best results
    Answer Applies to: Florida
    Replied: 7/19/2011
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