QUESTION

When to get an attorney for Workers compensation resolution

Asked on Nov 19th, 2013 on Workers Compensation - California
More details to this question:
I have a workers comp claim in California and it is getting ready to enter resolution negotiations. I need to know if I should get an attorney or is it a set amount based on the percentage of disability or is the lump sum amount negotiable.
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1 ANSWER

Social Security Disability Attorney serving Modesto, CA at Rockwell, Kelly & Duarte LLP
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I suggest that you contact a Worker's Compensation specialist to discuss this with him or her. There are many issues to determine if your case is ready to be settled and for what compensation? Have you seen a qualified medical evaluator? Were you provided the medical reports on a timely basis that were submitted to the qualified medical evaluator? How was the medical evaluator selected? The answers to these questions may determine if the evaluator's opinion is valid.   A qualified medical evaluator may give you an opinion regarding your level of disability, and this may or may not be accurate. You need a specialist in Worker's Compensation to help you determine if the opinion constitute substantial evidence. The question as to whether or not to settle based upon the percentage of disability or to get a lump sum depends on whether you want to give up your right to medical treatment, in which case you can get a lump sum. If you want to keep medical treatment, then generally you will not be able to settle for a lump sum. However, you may have retroactive permanent disability compensation coming to you which may provide you a lump sum of benefits on a retroactive basis and you may still be able to get additional permanent disability compensation and keeping medical treatment.   I would  advise you to contact a Worker's Compensation specialist as soon as possible, to provide him or her with a copy of the report of the qualified medical evaluator.
Answered on Nov 21st, 2013 at 12:14 AM

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