QUESTION
Is my back surgery worth more than $25000 dollars?
Asked on Oct 14th, 2012 on Personal Injury - California
More details to this question:
I had back surgery from an injury at work. If work for a Hyundai supplier and I injured my back in 2010. I went through therapy and I had a discectomy on my L5.
12 ANSWERS
Ronald A. Steinberg
If you got hurt on the job, then your employer's workers compensation insurance is supposed to pay all related medical expenses, as well as 75% of your average take home wages while you are off work due to the injuries and treatment.
Answered on Oct 18th, 2012 at 2:30 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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It depends upon your wage rate and your final percentage of disability.
Answered on Oct 17th, 2012 at 12:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you were injured at work, workers compensation is your exclusive remedy against your employer. You need to get a workers' compensation lawyer to represent you and he (or she) could give you a good idea of that you did not give me sufficient information to answer your question.
Answered on Oct 16th, 2012 at 11:38 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The value of a workers comp claim depends on several factors, including your average weekly wage at the time of the accident, the permanent impairment rating assigned by your doctor, how the impairment affects your ability to work (from which the workers comp commission will determine a disability rating, or you will settle your case based on what you think the commission will come up with), whether liability is clear (it usually is), and whether you will need future medical treatment to remain at your current level of functional capacity.
Answered on Oct 16th, 2012 at 11:38 AM
You should retain a plaintiff's personal injury lawyer to make a complete evaluation of your case, including your injury.
Answered on Oct 16th, 2012 at 11:37 AM
The statute of limitations for filing a lawsuit in West Virginia is two years from the date of the incident that caused your injury. Accident victimscan be compensated for economic damages: actual dollar losses such as medicalbills, lost wages, and lost future income earning ability. Pain, suffering,humiliation, loss of enjoyment of life, and grief over the loss of a loved oneare some of the non-economic losses for which a person may receivecompensation. Punitive damages are also awarded in rare cases which serve topunish a defendant for extreme negligence and serve to deter future similarconduct by that defendant and others. Contact a personal injury attorney today to discover whether you may have a claim or not for your workplace injury.
Answered on Oct 16th, 2012 at 11:36 AM
Dennis P. Mikko
If your injury arose out of and during the course of your employment, and there are no exceptions available, you may be left with worker's compensation as your only recourse against your employer.
Answered on Oct 16th, 2012 at 11:36 AM
Steven D. Dunnings
Your remedy is worker's comp for a job related injury.
Answered on Oct 16th, 2012 at 11:36 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Worker comp cases are mostly math. You receive a lump sum based on your average weekly wages up to a cap multiplied by the book value of total loss of use of your back multiplied by the percentage of disability the doctor sets. It is a formula and your opinion has nothing to do with it.
Answered on Oct 16th, 2012 at 11:36 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Worker's comp covers medical expenses and time out of work. 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. 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 There may be another possibility, if there some party other than your employer who caused the accident, such as a janitorial company or repair service.
Answered on Oct 16th, 2012 at 11:36 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. Why blame Hyundai? If you had done all your sit ups and stretching, the injury would not have happened. Just try to get your job back.
Answered on Oct 16th, 2012 at 11:35 AM
Automobile Accidents and Injuries Attorney serving Santa Ana, CA
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Law Offices of Maurice L. Abarr
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It may be. It depends on how successful the surgery was, what residual impairments you are left with following recovery from the surgery, whether you have been declared at Maximum Medical Improvement [MMI] and then whether the employer (Hyundai) has made an offer of modified, alternative or regular work within 60 days of being declared at MMI, and whether you want to sell your right to future medical as part of a settlement of the claim. There are other variables but those are the biggest ones.
Answered on Oct 16th, 2012 at 11:35 AM