My work did not abide by my restrictions for the first two months. And I did let the Workmen’s Comp. insurance know, but nothing was done about it. My Work blamed my doctor on miscommunication. Is there anything that I can do about it for my claim? I have been off since October 2023.
Permanent disability and future medical needs are what primarily determines the value of a case. If you have surgery now, then it's not something the insurance carrier has to worry about in the future so they may not pay more. Further, if the surgery is successful, then your permanent disability could be a lot less than it would be absent surgery (which is a good thing because it means you are healing!) However, if you have surgical complications, that may significantly increase the value of your permanent disability, but at the cost of your health. Generally speaking, it's advisable to get risky treatment covered by workers' compensation so if there are complications, the consequences remain their consequences. You don't want to accept a settlement and then have big problems down the road and not have the finances to take care of things.
@@victorvalenzuela6949 no they did minimum invasive surgery that means that they removed a bone but I still have a herniated disc and they say in the future I might need surgery
I guess if an injured worker insists on a Stipulation settlement to keep medicals Open , it's a waste of money to hire a Lawyer, since it's a straight # given out ?
An insurance company will ONLY agree to a C&R if you are not returning to work for the same employer. Short answer is no but there are some exceptions to the rule.
Some exceptions. Rarely, if the employer has changed insurance companies since your injury, you can stay working because the old insurance co is no longer liable for you as you continue to work. Also, rarely they will do a C&R and let you work there still if nominal settlement (low amount) and not likely to re-injure (freak accident).
My work did not abide by my restrictions for the first two months. And I did let the Workmen’s Comp. insurance know, but nothing was done about it. My Work blamed my doctor on miscommunication. Is there anything that I can do about it for my claim? I have been off since October 2023.
Are you in California? Can you give us a call to discuss? 888-740-6434
What does compromise permanent and total basis means that’s what pre trial judge recommended is that good ? What’s next?
Not sure i follow. Have you spoken to your lawyer about it?
It's a case worth a lot more if they perform surgery on my lower back workers comp case here in California
Permanent disability and future medical needs are what primarily determines the value of a case. If you have surgery now, then it's not something the insurance carrier has to worry about in the future so they may not pay more. Further, if the surgery is successful, then your permanent disability could be a lot less than it would be absent surgery (which is a good thing because it means you are healing!) However, if you have surgical complications, that may significantly increase the value of your permanent disability, but at the cost of your health. Generally speaking, it's advisable to get risky treatment covered by workers' compensation so if there are complications, the consequences remain their consequences. You don't want to accept a settlement and then have big problems down the road and not have the finances to take care of things.
@@Pacificworkers thank you for replying I've been suffering ever since day one I just want this to be all worth it at the end
We wish you the best!
Hi 👋🏼
Are you getting hardware put into your back surgery?
@@victorvalenzuela6949 no they did minimum invasive surgery that means that they removed a bone but I still have a herniated disc and they say in the future I might need surgery
I guess if an injured worker insists on a Stipulation settlement to keep medicals Open , it's a waste of money to hire a Lawyer, since it's a straight # given out ?
Not sure i can agree with that. There is a huge level of fluctuation in the identification of the actual injury.
Is it possible to do a compromise and release and retain my job.
An insurance company will ONLY agree to a C&R if you are not returning to work for the same employer. Short answer is no but there are some exceptions to the rule.
@@Pacificworkers I just settled on a C&R and I retained my rights for my civil case. As well as retained my rights for arbitration to return to work.
Some exceptions. Rarely, if the employer has changed insurance companies since your injury, you can stay working because the old insurance co is no longer liable for you as you continue to work. Also, rarely they will do a C&R and let you work there still if nominal settlement (low amount) and not likely to re-injure (freak accident).