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    metfan28's Avatar
    metfan28 Posts: 2, Reputation: 1
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    #1

    Jun 28, 2011, 06:38 PM
    Workers COMP Settlements for Back Surgery?
    Ok, what happens to an injured worker that has the option to get lower back surgery as a result from an injury at work but chooses not to get surgery because of risks involved and also cannot return to work? Rehab for education and what benefits or what would happen?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #2

    Jun 28, 2011, 08:00 PM

    They may try to reach a settlement, and low ball it because they will say you could have had the surgery.

    But they will normally look at what by state law is the max liability and see if they are better off merely paying off.

    If you are hurt this seriously you need a real life attorney representing you
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #3

    Jun 29, 2011, 04:17 PM

    I agree with Chuck on this. You definitely need a WComp attorney to handle this for you as this sounds like you have a good case. If a doctor recommends surgery you obviously were hurt enough to have him recommend this option to you.

    A good WC attorney will review your case, make recommendations to you and adhere to your wishes as far as not having surgery done and negotiate a high enough settlement for you. And yes, he gets paid a percentage of your settlement but the good thing is you don't have to front him any money for him to do this.
    metfan28's Avatar
    metfan28 Posts: 2, Reputation: 1
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    #4

    Jun 30, 2011, 06:35 AM
    Opting for surgery or not
    Thanks, Chuck, for the answer on getting back surgery or not choosing to do so. My doctor says if I don't get the surgery I cannot work. If I do then I probably won't be able to go back to my regular job and will have to have vocational rehab, college again, and then maybe find something I can do. Either way, do you have any idea of what I can expect for a settlement? I am 39 years old and make around 47,000 a year. This does not include regular overtime I work. Is that also included in part of the settlement? And wouldn't they have to leave open medical for me for future needs? Or would they estimate that as part of my settlement?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Jun 30, 2011, 06:56 PM
    Quote Originally Posted by metfan28 View Post
    Thanks, Chuck, for the answer on getting back surgery or not choosing to do so. My doctor says if I don't get the surgery I cannot work. If I do then I probably won't be able to go back to my regular job and will have to have vocational rehab, college again, and then maybe find something I can do. Either way, do you have any idea of what I can expect for a settlement? I am 39 years old and make around 47,000 a year. This does not include regular overtime I work. Is that also included in part of the settlement? And wouldn't they have to leave open medical for me for future needs? Or would they estimate that as part of my settlement?
    You need to consult with a good WC attorney for whatever projected settlement and follow up health care, schooling, etc, you may be entitled to. We are not psychics here. The attorney can give you all the follow up stuff that you will get. They have to leave the medical open for your future needs. They do not estimate that into your settlement.. if that's what you want to know.

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