QUESTION
What can I do if I was diagnosed with cervical and herniated disc, myofasical shoulder pain and myofasical thoracic pain is that workers compensation?
Asked on Jul 27th, 2013 on Personal Injury - Michigan
More details to this question:
I had ACDF on March 22, 2013. Prior to my ACDF I had two steroid epidural injection, along with weeks of physical therapy. What should I ask for in my workers compensation case?
8 ANSWERS
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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That is a complicated medical history. Contact an experienced workers' compensation lawyer in your area to obtain proper legal advice, and assistance in obtaining a medical opinion.
Answered on Sep 12th, 2013 at 3:56 PM
James Eugene Hasser
If the doctor relates all or some of those conditions to your job injury, and you have permanent restrictions attributable to whatever he blames the work injury on, you will be entitled to permanent disability benefits. My suggestion is you go and speak with a workers compensation lawyer in your area.
Answered on Sep 12th, 2013 at 3:56 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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In Tennessee, a workers' compensation financial recovery is based upon the impairment rating(s), compensation rate (under TN law) and whether you return to job with employer at same or higher wage. There is more to a WC case, but that gives you an idea of how recovery occurs.
Answered on Sep 12th, 2013 at 3:54 PM
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. You cannot sue your employer for negligence and damages for "pain and suffering" is not available. 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 that you have already received.
Answered on Sep 12th, 2013 at 3:52 PM
Don't believe what insurance company is telling you regarding the extent of your injuries. You need to go on disability either through the SDI (State Disability Insurance) or receive temporary disability benefits and you need a doctor to certify you for disability and your treating doctor may not do that. You should be able to receive a decent settlement for permanent disability benefits and future medical care. More importantly, you need to retain an experienced worker's compensation attorney who will fight for your rights.
Answered on Sep 12th, 2013 at 3:52 PM
You're too early to ask for anything. You will need a lawyer to review the facts, the medical opinions and then decide how much is appropriate in your case. There is no way for any lawyer, that knows what they are doing or saying, to express an opinion of value with so little information.
Answered on Sep 12th, 2013 at 3:52 PM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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If you have an attorney, discuss this matter with him/her. If not, then consult with an attorney who specializes in Workers Compensation law.
Answered on Sep 12th, 2013 at 3:52 PM
Ronald A. Steinberg
If this is due to injury suffered as a result of your employment, then it is workers compensation. if it is due to an aggravation of an underlying condition resulting from work, then it is workers compensation. Comp cases are based upon the cost of treatment, past, present and in the reasonable future, together with the loss of income while recuperating and while you are unable to engage in any gainful employment.
Answered on Sep 12th, 2013 at 3:51 PM