Workmans comp. taking to court to keep medical open. Is this the way to go or take a cash settlement only?

Question

Want to keep medical open but have heard that they will always say it is a new injury and workmans comp. won't pay it anyway. We will get a cash settlement too, but going this route takes a lot longer than just taking a cash settlement only. Have tried to get information from lawyers and doctors and they don't give much advise. Has anyone gone throught this before and can say what is the best way to go?

Answer 1

Comp laws vary from state to state. So we don't know what state you're in . . . so we can't give you ANY solid advice. Your ATTORNEY should be able to answer a basic question, like, 'can we keep the medical open'.

They do NOT always say it's a new injury - most of the time that counts against the employer, if it's a new injury, AND the insurance company. So there's no incentive to say it's a new one. But yes, a new injury can aggravate an old one. Some states will allow you to assign an aggravated injury to the old claim, some mandate that it's a new claim. YOUR LAWYER should be able to tell you how it works in your state. For 30% of the settlement, which he's taking, he should give you a straight answer.