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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.Quote:
Originally Posted by Graves
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.
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Originally Posted by Graves
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.