QUESTION
Will I be able to get a settlement check if I broke my hip at work in May 2013?
Asked on Feb 03rd, 2014 on Personal Injury - Nevada
More details to this question:
I broke my hip at work in May 2013. I currently get check every two weeks. I still can not go back to work yet. Will I be getting a settlement check and when would I get it if I do?
12 ANSWERS
You need to file a claim for worker's compensation benefits that cover temporary disability benefits, ongoing medical treatment and a settlement for permanent disability and future medical care.
Answered on Feb 07th, 2014 at 9:40 PM
Edwin K. Niles
How would we know? Better see a workers comp lawyer.
Answered on Feb 07th, 2014 at 1:23 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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You need to file a worker's compensation claim for the temporary partial disability you suffer. Without an attorney, you will have to go with the amount given to you by the company's insurance lawyer. A judge will have to approve the settlement, but rest assured you will not do as well if you get your own attorney.
Answered on Feb 04th, 2014 at 2:49 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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When you reach what is called "maximum medical improvement" (when the doctors cant do any more to help you) you will get a check based on your wages and time out of work and the percentage of disability allowed by the doctor. Wont be nearly enough to make you happy. Was never designed to do so.
Answered on Feb 04th, 2014 at 2:15 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Talk with the worker's compensation insurance people about your situation. However, if you get a settlement check, I think that the two-week checks will stop.
Answered on Feb 04th, 2014 at 2:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would assume that your presently on some form of Workmen's Compensation. Generally that will continue until you are able to go back to work. It is possible to settle such cases but such will require a release of your employer from all future liabilities, including medical expenses.
Answered on Feb 04th, 2014 at 2:15 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have to reach maximum medical recovery first, then if you have a permanent partial disability, you can get a schedule award.
Answered on Feb 04th, 2014 at 2:14 PM
Thomas Edward Gates
Since you broke your hip at work, you are governed by workman's comp. You need to contact them for a possible settlement, but generally there is none.
Answered on Feb 04th, 2014 at 2:14 PM
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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I would hire a workers compensation lawyer.
Answered on Feb 04th, 2014 at 2:14 PM
Ronald A. Steinberg
Not enough information. What does your lawyer say? Usually, a settlement check means that you settled the entire case, and you then get one check and that is it. If you are talking about a workplace injury, the laws of the workers comp vary from state to state. If the company doctor says that you are able to return to work but your doctor will not release you, you will not get any money until you sue and win.
Answered on Feb 04th, 2014 at 2:12 PM
James Eugene Hasser
In Alabama, you are entitled to permanent disability benefits for the injury you have after you reach MMI in your condition and if you have a permanent set of physical restrictions that prevent you from returning to work. The employer is only obligated to pay you weekly benefits, however. There is no mechanism in the law that requires them to pay you all at once, but they usually will. You have 2 years from your date of accident or last payment of compensation, whichever is later, to file suit or you will be forever barred from doing so. If you expect permanent restrictions that keep you from returning to work, you may want to consult an experienced comp lawyer. Good luck.
Answered on Feb 04th, 2014 at 2:12 PM
You need to pursue a workers compensation claim since the injury occurred at work.
Answered on Feb 04th, 2014 at 2:11 PM