Will worker’s compensation give me what I will deserve for this injury or will I need an attorney to be treated right as an employee? 22 Answers as of June 11, 2014

I am working for a company for seven years. I was hurt in September 2013 on the job with a torn rotator cuff. I was out of work for maybe six weeks. I couldn't afford to have surgery then because worker’s compensation pay won't pay all my bills and I would lose everything I've worked hard for. I went back to work and suffered through more pain until I now can't take pain and will be going under the knife to correct the problem. I understand it is not easy to recover back to a 100%.

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LAW OFFICES OF ARMAN MOHEBAN | ARMAN MOHEBAN
You really need to retain an experienced attorney to maximize a settlement which should cover temporary disability benefits, permanent disability benefits and future medical treatment and vocational rehabilitation.
Answer Applies to: California
Replied: 6/11/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
Hire an attorney. There portion is only 15%.
Answer Applies to: California
Replied: 6/11/2014
Barry Rabovsky & Associates
Barry Rabovsky & Associates | Barry Rabovsky
In a workers' compensation, an attorney can review your case to help you get the most out of the case. It is very important to review all of your medical records to evaluate the nature and extent of your injuries.
Answer Applies to: Illinois
Replied: 6/11/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Do you REALLY think you're in good hands with Allstate? The ins. co. adjuster's job is to pay out as little as possible. That?s why god made lawyers.
Answer Applies to: California
Replied: 6/11/2014
Doroshow, Pasquale, Krawitz & Bhaya | Donald E. Marston
You should consult a comp attorney. The insurance carrier's primary obligation is to the employer...not to the injured worker. If insurance carriers always did the right thing, I would be out of a job.
Answer Applies to: Delaware
Replied: 6/11/2014
    Boesen Law, LLC
    Boesen Law, LLC | Joseph J. Fraser III
    The question of "what you deserve" is really loaded, as some folks say the Colorado workers' compensation system simply isn't designed to give what injured workers "deserve". For example, there is no compensation for pain and suffering or inconvenience. An insurer following the statute and rules should provide payment for all reasonable, necessary and related medical benefits, as well as tax-free compensation at 2/3 of your "Average Weekly Wage" for time lost from work. An attorney can be helpful in assuring that your AWW is calculated correctly, and that your award for Permanent Partial physical impairment is appropriate/maximized. That potential award comes from the understanding that, especially after a surgery, you will not be 100% of what you used to be. If an issue requires litigation at a hearing, or if settlement requires negotiation, an attorney should be helpful, and may be necessary to make sure you get the best possible results.
    Answer Applies to: Colorado
    Replied: 6/11/2014
    Law Offices of George H. Shers | George H. Shers
    That can not be answered without knowing how the insurance carrier has reacted thus far. If you never reported the injury or they have rejected it, you probably would need an attorney. if they have not yet approved the surgery you might have problems with them agreeing to pay for it, especially since the physicians involved might be charging at a higher rate then WC provides for. You need to contact the insurance carrier and see how they act. Some carriers or adjusters are difficult to get along with, some are responsive to the injured employee's needs. You might need an attorney to get the permanent and stationary medical report to give the highest permanent disability rating you are entitled to [just stating what your decreased range of motion is is much less than the work restrictions you have, etc.]
    Answer Applies to: California
    Replied: 6/11/2014
    Law Office of Marc June
    Law Office of Marc June | Marc June
    I recommend that you contact the office of an attorney whose practice focuses on workers' compensation. If your injury was a work injury or made worse by work, your employer or its insurers should pay workers' compensation benefits.
    Answer Applies to: Alaska
    Replied: 6/11/2014
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    You need a lawyer. Your employer MUST pay the reasonable cost for all necessary medical care and to pay your lost wages (a percent) during the time you are recuperating. Since they won't do it voluntarily, you have to sue them.
    Answer Applies to: Michigan
    Replied: 6/11/2014
    Gates' Law, PLLC | Thomas E. Gates
    You need to retain a workman's comp attorney to assist you. An issue will be that you waited to long for the surgery and, in doing so, you made the problem worst than it initially was.
    Answer Applies to: Washington
    Replied: 6/11/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Whether or not you get an attorney is up to you. I cannot predict whether the insurance company or your employer will treat you right. One hint, though, is to see how other employees in the same boat as you have been treated in the past. If it looks like you will wind up with a set of permanent physical restrictions that prevent you from returning to work, you probably would be best served by consulting a lawyer. You might want to consult one now. However, before I did anything, including getting a lawyer, I would do research on the Internet for free information on the Alabama workers compensation law.
    Answer Applies to: Alabama
    Replied: 6/11/2014
    Kirby G. Moss PC | Kirby G. Moss
    Generally, workers compensation pays per a statutory schedule which isn't affected by whether you have a lawyer or not. Best to at least consult one though to be sure in your situation.
    Answer Applies to: Indiana
    Replied: 6/11/2014
    Domnitz & Skemp, SC
    Domnitz & Skemp, SC | Merrick Domnitz
    In theory, the work comp carrier should pay for all treatment caused by a work-related injury. In practice, there are many instances in which that does not occur absent the presence of an experienced attorney. I would urge you to contact a quality work compensation lawyer for representation.
    Answer Applies to: Wisconsin
    Replied: 6/11/2014
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Go hire a good worker's compensation attorney. If you think your employer's insurance company wants to do right by you, then you're a little too naive.
    Answer Applies to: Florida
    Replied: 6/11/2014
    Gliszinski Law Office, LLC | Susan Gliszinski
    The workers' compensation carrier is required to pay for the medical costs associated with a work related injury. Under the circumstances your describe, it sounds like you could benefit from the assistance of an attorney.
    Answer Applies to: Minnesota
    Replied: 6/11/2014
    Ankerholz and Smith
    Ankerholz and Smith | Rian F. Ankerholz
    Rotator cuff injuries do not heal without some residual impairment. After surgery, it will be necessary to obtain an evaluation and report from a doctor who is not chosen by the employer. Consult an experienced workers' compensation lawyer for details. We have two workers' compensation attorneys, each with more than 30 years experience in handling this type of claim.
    Answer Applies to: Kansas
    Replied: 6/11/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    Workers compensation does not pay for pain and suffering but you are entitled to medical and loss of wages per scale. It is always advisable to have legal representation to maximize your benefits.
    Answer Applies to: New York
    Replied: 6/11/2014
    Maria Zarakhovich | Maria Zarakhovich
    Florida has very specific requirements that you have to follow to preserve your rights in a worker's compensation case. The best thing to do is to consult with an attorney.
    Answer Applies to: Florida
    Replied: 6/11/2014
    Lewis B. Kaplan | Lewis B. Kaplan
    Let's see WORKER'S COMPENSATIONWON"T PAY ALL YOUR BILLS and you want to know if WORKER'S COMPENSATIONWILL GIVE ME WHAT I DESERVE .Good luck with that if you choose not to hire a lawyer ! I do Illinois worker's compensation cases .And I have had rotator cuff surgery with 100 % recovery . You need an orthopedic surgeon who is fellowship trained in upper extremity surgery and then you need to work very hard in therapy .
    Answer Applies to: Illinois
    Replied: 6/11/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    "Couldn't afford the surgery"? Workers comp pays for all medical expenses. So go ahead and follow your doctor's recommendation and get the surgery. Likely, physical therapy will follow. We don't know if you will reach 100% recovery. If you don't, then you will be entitled to a "schedule award" which is a formula based on the extent of your disability and your rate of pay. Yes, you will need a lawyer for that because the comp doctor will say that you are less disabled than you really are.
    Answer Applies to: New York
    Replied: 6/11/2014
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    An insurance company will never treat you as if you are a valuable asset to the company they insure, because frankly you are a liability to the insurance company. Insurance companies are driven by their bottom lines, not how well they treat injured people. To them you are an expense that lowers their bottom line. Insurance companies are corporations and they have no heart, no conscience or will to do anything that does not increase their profits. So what do you think about how they will treat you without a lawyer who can force them to do what the law requires? Go hire a lawyer.
    Answer Applies to: Iowa
    Replied: 6/11/2014
    Geneva Yourse | Geneva Yourse
    Because the case was originally denied, you should get an attorney.
    Answer Applies to: North Carolina
    Replied: 6/11/2014
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