im on workers comp and just had back surgery should i get a lawyer?

Question

would getting a lawyer get me more money in the final settlement or would the cost of the lawyer not make it worth it? does anyone know what i should expect dollar wise for the settlement, ive been off work since last july and finally had back surgery,they had to fuse 2 vert. in a procedure where they went in from the back and the front.i drive a truck and may not be able to drive again. i just dont know what to expect when they offer a dollar amount

Answer 1

Personally, I would not get a lawyer at this point. A lawyer is going to charge a contingency fee and that comes out of any award you get.

At this point, since you're still off work, you will only get temporary disability. Permanent disability awards are not given until you get a final doctors report and he will then state how much, percentage wise, you permanent disability is.

Worker's Compensation is state regulated. Whatever percentage you get in permanent disability, they'll take that and use whatever formula your state uses and pay your permanent disability.

If you are not able to return to your regular job as a truck driver, you may be eligible for retraining to another type of work.

They won't come offering a settlement because they can't at this point. It's all going to depend on what your orthopedic surgeon says as to what your disability is. At that point, if you disagree and you believe that you cannot be retrained or you are totally disabled, then you may need a lawyer. I'm speaking in general terms here because I don't know what state you are in and all states laws differ somewhat as to how they handle permanent disability and what percentage of your income they'll award in permanent disability.

Unless you believe you are more disabled then your doctor states you are, a lawyer is not going to get any more for you than you could get on your own because as I said, workers comp is regulated. They have to pay you based on what percentage the doctor states. If you get a lawyer now, you are giving up a bunch of your future benefit.

I'm not trying to knock lawyers. But in workers comp cases, unless there is a dispute over compensibility, or amount of disability, there is no reason for one. They don't pay you extra for having an attorney.

Answer 2

A lawyer is going to take part of the settlement.

If the insurance company is moving along, and willing to settle, and paying your medical bills, then a lawyer isn't going to help.

Any settlement offer is going to take into account your FUTURE wage losses and medical bills - so it will depend on your other skills, degree of disability, if it's permanent, and how easily you could be retrained to a new position.

In other words, it's too early to tell until your back surgery results are in - don't be too quick to give away 30% of the settlement - which is what hiring a lawyer does. It's very possible you won't need one. If the insurance company isn't contesting anything, it's not likely the lawyer will get you enough EXTRA money to cover their cut.

Answer 3

You are just going to have to feel it out. If the insurance company is being fair with their settlement offer then there is no need to get a lawyer. When they make the offer crunch the numbers and make sure that whatever they offer works for you and the amount of time you won't be able to work, etc...

I have no idea what the dollar-amount of the offer will be, too much to consider to ballpark it for you, sorry.

Good Luck!

Answer 4

From one old truck driver to another, HELL YES, GET A LAWYER. Don't expect the company to do what is best for you. They will do what is best for them. The company is in bed with workmans comp in the first place, so they have a lot to lose. Don't go back to work too soon, either. If you have a re-occurance, the workers comp will be paid at the rate that you first got hurt, not counting any increases in pay since then. I was lucky. 30 years without a serious back injury, but a lot of my friends weren't so lucky, and can barely walk up-right, trying to get back to work too soon, because of the pressure from the company. Don't trust the comp Dr.s either. Get a second and even a third opinion.

Answer 5

Get a free initial consultation with a lawyer. Do not pay for the initial consultation. Ask the lawyer your questions. You can schedule more than one initial consultations with different lawyers. Only retain the lawyer on a "contingency basis" i.e. he only gets paid if he gets you an award. Do not make any out of pocket payments to the lawyer. The lawyer will generally ask for 15-30% of the award. Try to keep him closer to 15%

Answer 6

Its called degenerative disk disease (DDD). What makes you think you can sue anyone for DDD? I have DDD and have had a disk taken out 10 years ago. I have never driven a truck, so what's my excuse? Who can I sue? Stop looking for a handout! It's your poor DNA, like mine, that is the reason for the back problems. Move on and get another job.

Answer 7

having had issues with WC before, I would suggest that you contact an attorney to discuss the case.

they usually take 50% of what you get.

the adjuster that is 'working in your interest' is really trying to settle out the case for as little as possible... sounds like you're a candidate for re-training.

for your portion after the bills (without knowing the full info)... you're over 5 figures, but probably not 6 figures...

again, it costs nothing for an initial conversation with an attorney that knows the laws inside and out where you have limited knowledge, and probably part or most of that was given to you by someone with their own agenda, so, while true, it may be partial or incomplete info

Answer 8

Short answer is yes. Long answer is involved, and remember, lawyers will ccharge high fees and get about 50% of your settlement.

Answer 9

you should get a lawyer b/c they can help you and u wont be on your own....don't freak b/c they charge...my boss(hes an atty) charges 33.3% of the settlement..usually i know other attys charge 40% so shop around, but please get a lawyer.