question about an accident settlement please!!!!!!!!!1?
workers comp settlement help pleaseeeeI was diagnosed with HNP Annular tear L5–1 and head concussion. I am still feeling bad with pain but I hate the way workers comp drs are I would preffer treating with my own drs how much do you think my case is worth I have been out of work since November and I have the MRI report. I had an accident last November I was loading a truck. It was not my regular job but there was too much work that the director of that are gave me 4 trucks to load at the same time then under too much stress I fall and my head and back was hurt I had head concussion and herniated disc I was taken to the ER and one month or two months I was tiull in pain the took me an mri and now they want bto close for 15 k but I am still under pain and the dr the company sent me he said I am doing very good but the independent dr doesnt agree with that. This is my MRI Report how much do you think I should settle for I havent been able to work since that day. L3-4,L2-3,L1-2 AND T12-L1 small schmorl’s nodes L5-s1 degenerative disc with left paracentral disc dispersing left s1 nerve root and with outer annular high signal
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If your still in pain and have been diagnosed by a fully qualified doctor, then that should be no problem at all. You must still submit to a workers compensation doctor for their assesment of you. But this does not mean that you cannot go to your own doctor.
As long as you were working for the same employer and you were not working for anybody else at the time you had the injury, and that the injury was sustained while you were working on the job, then yes you can go to another doctor and claim workers compensation.
As long as you have nothing to hide – that you were not doing anything illegal, then should be no problem. I dont know how much your case is worth, because that has to be assessed independently by workers comp based on medical records.
If you would provide your state it would help. In most states you
must treat with a Dr of the employer/carrier choice, they are
paying the bills. It would be rare to treat with your own
family/choice of Dr. WC is not about paying settlements, it’s about
paying benefits. You are eligible for wage replacement, and medical
care. Only if you are to agree to assume liability out of your
pocket for treatment would you negotiate a lump sum payment. You
would never receive near enough money for future medical care to
cover the potential costs. WC just doesn’t work or pay that way.
The potential value of your claim is based on the PD rating. Once
you have reached a stable condition, MMI/Max Medical Improvement,
you will be rated for impairment or partial disability by your Dr.
If that rating is disputed, you would go to IME/QME depending on
your state dispute resolution process. You are not compensated
based on the type of injury or treatment you have received. Awards
of indemnity are based on your loss of earning capacity, or ability
to compete in the open labor market. There may be other benefits
you may be eligible for, continuing partial disability wage loss
benefits, VR if you cannot return to- your pre injury job duties.
You should contact a competent attorney to discuss the merits of
your claim. Think very carefully about selling the medical coverage
in your claim. Medical care is the single most important asset in a
comp claim.