QUESTION
Will the company has to pay for the second opinion on my hand injury?
Asked on Aug 10th, 2013 on Personal Injury - New York
More details to this question:
I was just wondering if I should get a second opinion. I had a hand injury at work and my MMI is at 1%. I am missing part of my ring finger also my pinky finger had the tip removed. He did a finger flap on that and the ring and the tip of the middle finger was broken. My hand was pulled through a pulley just seems to me 1% is low that's like a hang nail. My hand is a cramped up in the morning and the fingers with the flap are hyper sensitive will company pay for a second opinion.
14 ANSWERS
Ronald A. Steinberg
Workers compensation awards are based on a schedule. You need a doctor to testify that the loss of those parts of your fingers are equal to the industrial loss of your hand, which has a higher award.
Answered on Oct 14th, 2013 at 3:35 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Go hire a good worker's compensation lawyer and quit worrying about it. That's what you pay the lawyer to do.
Answered on Aug 14th, 2013 at 10:36 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The company will probably not pay for a second opinion.
Answered on Aug 13th, 2013 at 9:40 PM
James Eugene Hasser
In Alabama, the employer has the first choice of physician. You have the right to a second opinion and can choose a Dr. from a panel of 4 that the Employer supplies you.
Answered on Aug 13th, 2013 at 9:27 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sad thing is that loss of a pink gets you only a tiny payment, 1% does seem too small for an already too small case. You are within your rights to ask for a second opinion. If they don't give you one you might consider hiring your own doctor for an opinion but I don't think it will be profitable for you either way. The settlement is so small it is embarrassing to talk about it.
Answered on Aug 13th, 2013 at 9:24 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You should contact an experienced Workers Compensation attorney in your area first thing. You can check with friends or the Yellow Pages.
Answered on Aug 13th, 2013 at 9:21 PM
Thomas Edward Gates
You can go online to the L&I site and see what there payout is for the type of injury you have. Even if you have to pay the bill yourself, it would make sense to get another opinion.
Answered on Aug 13th, 2013 at 9:18 PM
Long Term Disability Attorney serving Pensacola, FL
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Ortiz Law Firm
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If this was an "on the job" injury, then you may wish to consult with a workers' compensation attorney to discuss your legal rights. Here is another issue that other attorneys frequently miss: was the injury caused by someone other than your employer? If so, you may have a "third party" claim against a negligent third party.
Answered on Aug 13th, 2013 at 9:18 PM
You need to do an agreed medical evaluation (AME) or qualified medical evaluation (QME) rather than a second opinion. 1% disability is extremely low for your injury.
Answered on Aug 13th, 2013 at 3:34 PM
Worker's Compensation Attorney serving Encino, CA
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Law Offie of Sabzevar, F. Michael
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If you follow the procedures, then you are entitled to an evaluation called, Panel QME.
Answered on Aug 13th, 2013 at 3:32 PM
As described it's not a huge case but I can't tell if you have correctly described the type of claim it should be and if there is a Second Injury Fund claim. Yes an Independent Medical Examination needs to be performed but with a doctor who will counter the conservative ratings issued by the company doctor. Let's not fool ourselves into thinking the insurance company's doctor is being fair with the rating. Hire a lawyer on a contingent fee basis.
Answered on Aug 13th, 2013 at 3:09 PM
Plaintiffs Personal Injury Attorney serving New Orleans, LA
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David A. Easson
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You have a right to choose your own doctor any not rely on company doctor.
Answered on Aug 13th, 2013 at 3:05 PM
I agree that 1% sound very low. You need to appeal the rating under the applicable workers comp rules.
Answered on Aug 13th, 2013 at 3:01 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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First, let's get the terminology straight: "MMI" means "Maximum Medical Improvement" so that would mean that you have only improved by 1%. You might be talking about a permanent impairment rating, in which case, I agree 1% is way low (1% of the hand, or 1% of the whole body?). Now, the question is, who gave you that rating, was it your doctor, or was it an IME ("Independent" medical exam?) if it was the IME doctor, then you pit your doctor against him at a hearing. If your own doctor said that, then you should get a second opinion. Submit it to comp and see if they pay for it, if not, turn it over to your health insurance company and if that doesn't work, you might have to pay it out-of-pocket, but that may be your only option left.
Answered on Aug 13th, 2013 at 3:00 PM