can you receive a workers comp settlement without a lawyer?
my husband has been receiving workers comp for the past year without the services of a lawyer, the doctors now want him to have back surgery, he is still unsure, we just dont know what is the next step. do we have to get a lawyer?
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no were ever he got the injury like at work they should take care of it
Same thing happened to me.
I never needed a lawyer. If he’s receiving compensation now, then he should be covered for the surgery. Call workers comp with your case/ID number and be certain.
You only need a lawyer if workers comp suddenly tries to deny coverage, etc.
Good luck
You are not required to get a lawyer. I didn’t have one when I broke my arm a few years ago. Granted, I wasn’t out of work too long and didn’t end up having to need surgery. Good luck!
Lawyers can make many promises and screw you over…. or they can be an assest. If his company’s personal department is meeting all his needs as is, I don’t see the point.
If he is having problems with getting the bills paid or getting his benefits then yes, get a lawyer…. but please, oh please don’t get the one on the back of the phone book.
My aunt did this and he sent her to “his” doctors and chiropractors etc. They convinced her she needed a lot of unneeded things and she ended up with a poorly done back surgery, the doctors and the lawyer made a killing and she came out hurt worse than ever and with a piddlely $1,000 cut of the settlement.
If you get a lawyer, get a good one. One that will look out for your interests and not his and his group of doctors.
No u do not have to have a lawyer to file workers comp. As long as your husbands employer is not giving u a hard time, as long as their insurance is paying him and being faitr to him you really dont need a lawyer. You will still get a settlement called an MMI which is Maximum recovery after surgery and they base it on a percentage of the injury and thats your settlement! The only time you need a lawyer is if your employer and insurance is giving u a hard time! The lawyer will only take 40% of your injury money! Good luck to u
Hiring an Attorney is a tricky issue in workers comp cases. In the EARLY part of your husband’s case, it appears OK that he did not need an attorney, because workers comp was paying his benefits. Because he NOW needs surgery, it can get very tricky & ugly in an instant.
Here is WHY.
The insurance company KNOWS that they must put up more money for the surgery, AND they will likely be required to pay for your husbands PPD (Permanency benefits). THAT may mean lifetime benefits – depending on which state has jurisdiction over his claim.
Whenever you have a serious injury, your claim has been denied, you need surgery, etc., it would be wise to at least consult with an attorney who specializes in worker comp cases.
Your husband is lucky that workers comp has paid his benefits – up until now. EVEN if they approve hsi surgery, you must MAKE SURE that he STILL gets all the benefits he is entitled to receive. Because he needs surgery, the workers comp carrier knows that the cost of their claim will skyrocket, because of the medical bills, and permanency benefits, with the lost time.
Because of this, many of them may try to find ways to either delay the surgery or deny the surgery.
Here are situations to considering consulting with an attorney who specializes in workers comp:
1 – Your claim has been denied – and the workers comp carrier refuses to tell you why.
2 – You have been out of work for a week, and no one is telling you whether you will be paid.
3 – You need surgery now, and your claim has not been accepted.
4 – Your injury is a serious one – falling from a scaffold, falling thru the stairs, being run over by a car while working, inhaling poisonous fumes, etc.
5 – You are being followed by a surveillance person, and you do not know why.
6 – You are not sure about how to file a workers comp claim, and / or do not know the legal deadlines before which you must file.
7 – The workers comp injury involves the death of your family member.
8 – The injury involves electrucution.
9 – Your claim was initially accepted, but NOW you need surgery, and they are denying your claim.
Here is a Web Blog that has a lot of info that may help you.
The Blog is at http://www.GettingWorkersComp.Blogspot.com
The article is called “Hiring an Attorney” or something like that.
You may also want to check out another article on that Blog called
“BEFORE Getting Workers Comp To Settle”, because it also talks about future medicals, etc.
Future Medicals is something that you must carefully consider, because you can bet the workers comp insurance company will be looking at it too.
If you want to chat with an attorney in a forum setting, try http://www.Prairielaw.com
If you want workers comp resources for various kinds of claims, including surveillance, etc., then you may want to try http://www.GettingWorkersComp.com
Good luck
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