Will I still get a settlement from workers comp even if my injury gets better?
My lawyer is great and def. Going hardcore. I know I should speak to him but I’d like to get opinions. My case is in ri. My laywer sent me a letter for a pretrial hearing saying my name versus my work. I thought u couldn’t sue your work If you got workers comp? Also let’s say my case drags on for six months… WhAt if my back injury gets better before then? Will my laywer still get a settlement? I’m confused on how this works.
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You will still have a case. Even if your back gets better, it still doesn’t change the fact that the injury happened. You still miss time from work and you still suffer a financial loss because of the work missed. You will have nothing to worry about.
Workman’s Comp is a “no fault” law. That means that if you get in injured on the job or during the course of your work, your employer by statute must compensate you for the injury even if you were doing something stupid or negligent while you were hurt. In turn, you are barred from bringing a suit against your employer for the injury. There are some exceptions, but this is the general rule.
Now, if your employer decides to deny your claim, THEN you can bring suit against your employer – because you have a legal right to this compensation and if your employer is wrongfully denying your claim, then your employer has broken the law.
The dirty secret with trial lawyers is that most of the time they like to avoid trial (ironic – given their title) and settle for a large lump sum. Thus, they get their big contingency fee (usually 1/3 of the settlement amount) and stockpile it in the bank without having to utter a word in front of a jury.
Part two of your question – if you were legitimately injured at the time of your claim, but your back subsequently heals, that will NOT disqualify you from getting Workman’s Comp – because you still had a legitimate claim at the time of your injury. Obviously though, it will effect the amount you are entitled to – because if it is injury that only lasted 6 months, you are obviously only entitled to 6 months in compensation – unless your lawyer can strike a settlement for more than that.
It would be improper for me or any lawyer to promise a particular outcome, but I can tell you that frequently once a case hits pre-trial the employer is much more open to either settling or paying the claim – because the legal fees will add up quickly and so will the negative publicity. A good corporate attorney will easily cost between $200 and $250 per hour – and your attorney will cost nothing if he/she is on a contigency fee basis unless you win.
Information on RHODE ISLAND (assume ‘ri’ means Rhode Island) are
here…www.dlt.ri.gov/wc/infoInjWorker.htm The law predetermines
the amount of money or indemnity you will receive. This is
‘impairment’ or ‘partial disability’ compensation. “”Partial
disability benefits apply if the employee’s ability to earn full
wages is affected but the employee is not totally disabled. When
the employee reaches maximum medical improvement, the Workers’
Compensation Court may reduce the employee’s compensation rate. You
are not actually ”suing” your employer. The atty has to file with
the court to get a judge to review and approve any settlement you
may enter into. You cannot force a cash lump sum payment to close
the claim. You’ll get the indemnity paid weekly, and access to
additional medical care. There is NO MONEY in WC for pain and
suffering, you are not paid any punitive damages, nor are there
past/future lost wages paid. The benefits and awards in WC are
extremely limited… you are not compensated for suffering the no
fault injury, but only for the reduced earning capacity. That is
not the same a lost wages. Talk to your attorney…a message board
can’t provide legal advice, the facts of your claim are not known,
and your attorney should not be second guessed here. BTW… your
atty is not getting a 1/3 of your settlement. WC is not like
personal injury, there are no jury awards, there is no reason for a
‘trial’, WC is administrative law. Your atty does not ”argue”
your claim in court. Everything is based on medical evidence as
provided in your Dr reports. Nothing more, nothing less. Most of
the information in this thread is not entirely relevant to workers
compensation. There is a LOT of mis infromation out there about WC.