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ccox63 · Apr 29, 2014, 10:26 AM

I have been on workers comp for 8 months. I have done physical therapy, trigger point injection, steroid injections, medicated creams, have seen my doctor regularly. I was just sent down to Pittsburgh PA by workers comp for a appointment they set up with a pain management doctor who was just for second opinion. He told them the same thing my doctor has told them. I can not go back to doing nursing work as a result from my back injury and basically I am stuck with this injury. I bulged two discs in my lower back that are not healing. He told them he is sending in his official report and that is what it will say is that I can no longer do the work. Im wondering does this mean they want to settle as from what both doctors have told me is this will be an ongoing injury and might not completely heal? If they settle does that mean they no longer have to pay for the doctors? I know they would no longer provide my pay but what about the appointments for this injury? Both doctors have already said on top of that I can no longer return to work that they will no recommend surgery as they believe it will only make the problem worse. Im sorry I know I'm rambling. Thank you for any answers.

smoothy · Apr 29, 2014, 10:32 AM

Its not unusual to take years before any agreement is reached.

Settlements are usually a cash lump sum according to the books and calculated based on the agreed upon percentage of disability... and that can be with or without future medical coverage which they could make you attend a new hearing every time you need to go... yes they do play these dirty games.

What's your lawyer telling you? I do hope you have a lawyer?

ccox63 · Apr 29, 2014, 10:36 AM

I do not have a lawyer. I cannot afford one. Its now getting to the point where they are running out of options for my treatment so I wondered what to do next.

AK lawyer · Apr 29, 2014, 10:42 AM

"... Im wondering does this mean they want to settle ...?"

It appears that both doctors agree that it is a permanent disability. So yes, expect the carrier to offer you a settlement in due course.

You would be well advised to consult an attorney who has some expertise in worker's comp. In most jurisdictions, I believe, workers compensation attorney fees are paid as a part of the settlement (and you cannot be charged up front), so you would be foolish not to get an attorney involved.

smoothy · Apr 29, 2014, 10:46 AM

Most Workmans Comp lawyers work on contengency and take a percentage at the end only if a settlement is reached. (The percentage is determined by state law)

They cost you nothing up front.

I know this because my wife has been dealing with this for several years now.

THey fight tooth and nail if you have a lawyer.....they will screw you at every step of the way if you don't have one.

AK lawyer · Apr 29, 2014, 12:11 PM

Originally Posted by smoothy

Most Workmans Comp lawyers work on contengency and take a percentage at the end only if a settlement is reached. (The percentage is determined by state law)

They cost you nothing up front. ...

And, again depending on state law, the percentage doesn't come out of the amount awarded to the injured employee. It is over and above.

smoothy · Apr 29, 2014, 12:23 PM

Originally Posted by AK lawyer

And, again depending on state law, the percentage doesn't come out of the amount awarded to the injured employee. It is over and above.

In Washington, DC I know its limited to 20% of the actual settlement (lower percentage than the surrounding states)... we haven't had dealings in other jurisdictions. Nor do I know anyone personally that has.