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  1. #1
    Join Date
    Dec 2005
    Location
    New york
    Posts
    5

    Default Workers Compensation Settlement Issues

    I was injured in 2003 at fedex while loading trailers. I recieved a herniated disc with a radial tear. And I have been dragged through the system for too long in my opinion. But the surgery my doctor wants me to get was just approved by the workmans comp board. The surgery is a spinal fusion. They have to fuse the L4 and L5 together from what I understand. I will be going through this surgery next week and need some advice and comments from people who know more then me about these situations?

    Alittle about myself,

    I'm in my early 20's with good health until this accident.
    I don't smoke or drink alcohol. I live in central NEW YORK
    Graduated from High school and have been attending college(ITT) for a year and a half. I'm single with no kids.


    My questions are...

    What is the going rate for a settlement of this sort ?

    Do all lawyers get 1/3 of the settlement ? Is this the law ?

    Would It be smart to try and settle without a lawyer/firm ?

    IS there anything else I shoud be aware of ?

    Thank You for your time,
    NeedToKnow

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Workers Compensation settlement questions ?

    Quote Quoting NeedtoKnow
    What is the going rate for a settlement of this sort ?
    That depends upon many things, including the quality of your recovery post-surgery. A local lawyer may be able to provide you with guidance.

    Quote Quoting NeedtoKnow
    Do all lawyers get 1/3 of the settlement ? Is this the law ?
    Attorney fees in NY workers' compensation cases are reviewed and approved on a case-by-case basis. Call around for the going rates.

    Quote Quoting NeedtoKnow
    Would It be smart to try and settle without a lawyer/firm ?
    Your guess is probably better than anybody else's.

  3. #3
    Join Date
    Dec 2005
    Location
    New york
    Posts
    5

    Default Re: Workers Compensation settlement questions ?

    [quote]
    Quote Quoting Mr. Knowitall
    Quote Quoting NeedtoKnow
    What is the going rate for a settlement of this sort ?
    That depends upon many things, including the quality of your recovery post-surgery. A local lawyer may be able to provide you with guidance.
    Can Someone please give me a ball park figure ?
    What is the limit on the average workers compensation settlement What is the most that they can give you by law ?

    Also, I have a lawyer who will give me the this info.
    But I want an estimate for the day I discuss the settlement with my lawyer to know if I can push them to get me more ?

  4. #4
    Join Date
    Dec 2005
    Location
    New york
    Posts
    5

    Default

    Now I found out i had two fractured vertabraes as well as two herniated discs. But only one was operated on because muliple level fushions are waay to risky.

    And I tell you one thing, my back is literally killing me right now. I have more pain in my legs after the surgery then before it.
    If I had to rate it I would give it a 7-8 out of 10.

    Nobody can help me with quotes.

    And at what point do they usually start having a detective monitor you ?

  5. #5
    Join Date
    Jan 2006
    Posts
    4

    Default

    I'd say to get yourself a smart, well known, respected, highly agressive and hardnosed lawyer. Let him/her fight for you. You're dealing with a big company and you're just a worker bee to them. You need someone with more strength, presence and power than you are able to provide.
    Good Luck!

  6. #6
    Join Date
    May 2009
    Location
    boonies in Oklahoma
    Posts
    2

    Default Re: Workers Compensation settlement issues

    Better Late Than Never
    I was injured in 1988 I know laws very from state to state and also the settlements and awards vary by injury date. I was very fortunate to be in the Golden Age of Work Comp..

    I settled my wage loss myself, I got 3.2% of the remaining pay out which equaled 32k The average I was told by legal types at the time was 1.5%-2%. I say this to say...[B]ASK QUESTIONS TILL YOU GET AN ANSWER.[
    I looked up lawyers that offered free consultations, called and fished to see if the lawyers were the type to "chat" without forcing you into an agreement.

    I go - my questions together, my info together and went to the appointment. Sometimes I just chatted on the phone to the para legal.

    Be respectful of their time, stay on track, don't use it as a poor pity me session. GET TO THE POINT!

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