View Full Version : Workers comp...advice from those who've dealt with it.
I wound up with a couple herniated discs at work last year due to an accident and I've been out on comp. After countless tests, procedures, PT, and the chiropractor nothing has turned up (that the insurance is willing to pay for) to get me back to full recovery and now I'm more than likely going to have to leave the field I've spent almost half my life in as the company doctor informed me that I'll be getting an MMI rating (permanent restrictions) next month. Initially I had a few people tell me to lawyer up ASAP, but I figured I didn't want to complicate things and I was young enough to go just go get patched up and sent back to work. Needless to say, it turned out to be not so simple. I doubt I'll be able to walk into an entirely different field and earn what I did before, so there's that, I'll likely go back to school and figure it out. I just want to know from those of you with personal experience in this matter, would getting an attorney at this point be at all beneficial? Is it too late for that? Any career change in your 30's suggestions? Without HEAVY lifting lol. Any advice appreciated.
Get an attorney. A real junkyard dog type.
Seriously.
Find one that will provide an hour's consultation for free, and bring every scrap of paper and every bit of documentation (emails, names of people you're dealing with, calendars with your Dr.'s appointments, everything) in case they have questions. But for the love of little green apples, get an attorney. I don't know if it's too late. There are possibilities the lawyer may have, but you did yourself no favors by delaying.
The good news is that many, many people delay getting an attorney. There may be work-arounds.
Don't go with a "family friend" lawyer, either. Go with one that specializes in worker's comp. If you haven't started keeping notes, do so now. And listen to your doctor, your employer's doctor, and whoever else may be listing restrictions.
Get an attorney (ASAP) before they close your case by providing you with an impairment rating. It is not too late at this point and you need someone to fight for you on your end.
Workman comp is not your friend.
As others have said, get a good W/C attorney. I spent 18 months screwing with the Company's W/C doc. Good guy, but works for the company/insurance company. Their job is to minimize the financial impact to the company.
Bailey Guns
10-17-2016, 06:42
The best advice I can give you has already been given.
I just went thru this a couple of years ago with a shoulder injured at work. Everything was denied...everything...for the first 6 months. They finally took care of the problem but it took an attorney getting involved and the threat of much larger lawsuit.
I also hurt my back in the early 90s on a drill weekend with the Air Guard. I, too, thought it would just pass with time and get better. It didn't and it causes me constant pain now, 20-something years later. I'm trying to work up the nerve to see a VA benefits advisor.
Get an attorney and a second opinion from a private doc.
Been there. Have the rating.
newracer
10-17-2016, 07:36
My wife works for a work comp defense law firm. The whole process is very regulated. Getting an attorney is very good advise and no its not too late. Just remember they will take a large portion of the claim, I think it is capped at 30%.
Great-Kazoo
10-17-2016, 07:50
Get an attorney (ASAP) before they close your case by providing you with an impairment rating. It is not too late at this point and you need someone to fight for you on your end.
Workman comp is not your friend.
Until you sign any final settlement check. The case is still open.
beast556
10-17-2016, 09:03
Get an attorney asap. Was in an accident workmans comp was all games and finger pointing till i got an attorney.
Also don't waste any settlement you get. Find a way to make it work for you.
All very sound advice, thank you! The w/c doc makes it sound like he's against the insurance companies and the other day made a comment about how getting attorney is a waste of time and will end up taking most of what I'd get in the end so naturally that raised a flag for me. I'm not only concerned about getting as close to 100% with my back because I now have to once again figure out WTF I want to be when I grow up.
All very sound advice, thank you! The w/c doc makes it sound like he's against the insurance companies and the other day made a comment about how getting attorney is a waste of time and will end up taking most of what I'd get in the end so naturally that raised a flag for me. I'm not only concerned about getting as close to 100% with my back because I now have to once again figure out WTF I want to be when I grow up.
Graves I work for a firm that does WC, and as much as I've learned about the laws... WC is not a bitch you want to navigate on your own. It is never too late.. and don't worry about being robbed blind by an attorney.. 20% is all they get by law.
WC insurance is worse than any other insurance in the world for getting them to actually make someone whole.. it's a nightmare. Not only does the company fight the claim, but the insurance themselves will. The good and bad on WC in colorado.. every body part and % of impairment already has a legally defined $$$ amount.
The main issue for you is whether you need further treatment and possible surgery to be at maximum medical improvement. The only way to dispute the doctor's finding is to get what's called a "Division IME". Get a lawyer to explain this to you. You ask the State Division of Workers' Compensation to send out a list of three doctors who deal with the kind of condition you have. The process costs $675 but is worth it. You will strike off the name of one doctor from the list and the employer strikes off the name of a second doctor on the list. The remainng doctor performs the examination. That doctor's opinion about whether you need more treatment or are at maximum medical improvement is binding on all parties unless the party who disagrees with it goes to court and overcomes the opinion by clear and convincing evidence which is a very high burden.
I practice workers' compensation on the defense side for a reputable employer. Back in the day when I represented some injured workers, I told them that getting back your health and ability to return to work was the most important benefit to fight for.
If you are in the Denver area, send me a private message and I can suggest some good lawyers who would be willing to look at your claim and explain things to you.
Great-Kazoo
10-17-2016, 22:07
All very sound advice, thank you! The w/c doc makes it sound like he's against the insurance companies and the other day made a comment about how getting attorney is a waste of time and will end up taking most of what I'd get BULL
in the end so naturally that raised a flag for me. I'm not only concerned about getting as close to 100% with my back because I now have to once again figure out WTF I want to be when I grow up.
Monky already said it 20% for the atty. It's not how you feel or at impairment wise today, tomorrow, next week. It's how you'll be till end of life,in a serious w/c case. That mild pain in your neck today is 3 years from now unable to feel anything in your hand.But yeah those lawyers will rob you blind.
20% of something is better than 100% of nothing, if you become bedridden.
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