How much should I settle for on a Workers Comp claim?
I slipped my upper disk in my back (T-4) and (T-5) I have been seeing a Chiropractor and he got T-4 to stay in place after about 4 visit.But T-5 keeps working it’s way out and he has to pop it back about every 2 weeks.This was a work related injury from a fall and landing on my back with a dresser that weighed 93 lbs landed onto my chest.
NE way the chiropractor said the disk would never heal correctly and that it will just keep getting worse…
My question is should I settle the claim with workers comp if they offer an out of court settlement or should I get a lawyer.
If I should settle with comp whats a good offer I should take..?
There are a few of factors when considering settlement.
1.) What is the diagnosis for your injury and are there any underlying preexisting conditions prior to the accident?
2.) What is the extent of your impairment and permanent disability?
3.) What is your future medical needs for your injury?
4.) Has a medical professional indicated you can never go back to the same job and need vocational retraining?
5.) What state do you live in? Each state has different laws and regulations to calculate what is called a “fair settlement”.
No one can recommend a dollar amount unless this information has been provided.
What I do recommend is seeing an orthopedic spine specialist or neurologist. When it comes to cervical spine / upper back injuries, I wouldn’t totally rely on a chiropractor, since they deal more with muscle manipulation and joint stress.
An attorney is an option. However, this should be a last resort. If you get legal counsel, you open yourself to possible subpoena and deposition. Also, the attorney gets a percentage of your settlement for legal fees. Yikes.
Good luck.
Most of what Panda said is true… however you SHOULD DEFINATELY be
consulting with an atty specializing in WC. NOW. And, you should be
thinking about treatment to your injury, recovery and return to
work, not settlement money. You are NOT going to get enough money
from a WC claim to retire on. You will not get money for future
medical to pay for one surgery, let alone the associated costs.
Settlement of a comp claim before treatment is complete and you
have been rated for PD/disability, is not a good idea. Not at all.