QUESTION
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?
Asked on Jun 10th, 2014 on Personal Injury - North Carolina
More details to this question:
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%.
14 ANSWERS
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.
Answered on Jun 11th, 2014 at 8:26 PM
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.]
Answered on Jun 11th, 2014 at 8:01 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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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.
Answered on Jun 11th, 2014 at 6:19 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Hire an attorney. There portion is only 15%.
Answered on Jun 11th, 2014 at 6:04 PM
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.
Answered on Jun 11th, 2014 at 4:13 PM
Thomas Edward 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.
Answered on Jun 11th, 2014 at 10:53 AM
Ronald A. Steinberg
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.
Answered on Jun 11th, 2014 at 10:51 AM
James Eugene 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.
Answered on Jun 11th, 2014 at 10:10 AM
Car Accidents Attorney serving Milwaukee, WI
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Domnitz & Domnitz, S.C.
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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.
Answered on Jun 11th, 2014 at 9:43 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 attorney. If you think your employer's insurance company wants to do right by you, then you're a little too naive.
Answered on Jun 11th, 2014 at 9:30 AM
Personal Injury Attorney serving Overland Park, KS
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Ankerholz & Smith
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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.
Answered on Jun 11th, 2014 at 9:12 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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"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.
Answered on Jun 11th, 2014 at 8:24 AM
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.
Answered on Jun 11th, 2014 at 8:19 AM
Because the case was originally denied, you should get an attorney.
Answered on Jun 11th, 2014 at 8:09 AM