Do I really need a lawyer?

Wontmake9.5

My job is fun
I have been told to get a lawyer for my workplace injury by a few people. I am still very hesitant to do so as everything has been somewhat smooth I guess in getting done. However I have been out of work since august and the first surgery didn’t repair the issue. Just had 2nd surgery yesterday and I imagine if everything is okay I should be at work around may. I am sure some here have had a lawyer on claims and would you recommend me getting one. I keep hearing some people get a settlement some don’t. If you lose a % of your movement I have also heard it’s based on a calculation and a lawyer cannot get you a better settlement etc.
 

542thruNthru

Well-Known Member
I have been told to get a lawyer for my workplace injury by a few people. I am still very hesitant to do so as everything has been somewhat smooth I guess in getting done. However I have been out of work since august and the first surgery didn’t repair the issue. Just had 2nd surgery yesterday and I imagine if everything is okay I should be at work around may. I am sure some here have had a lawyer on claims and would you recommend me getting one. I keep hearing some people get a settlement some don’t. If you lose a % of your movement I have also heard it’s based on a calculation and a lawyer cannot get you a better settlement etc.
Does your supp or local have legal services you can use? If so definitely use them.

It's never a bad idea to talk to a comp lawyer to make sure everything is being taken care of.
 

Wontmake9.5

My job is fun
Does your supp or local have legal services you can use? If so definitely use them.

It's never a bad idea to talk to a comp lawyer to make sure everything is being taken care of.
We do not. I tried that the first time and was told just to talk to some of the older guys that used varies lawyers. I have had a pretty smooth time with LM after they denied the first surgery and my Dr appealed it everything has been smooth from there on. Payments on time etc. so I am hesitant to do it bc of added stress etc but I also was not expecting to be out 8 months and two surgeries either.
 

burrheadd

KING Of GIFS
I have been told to get a lawyer for my workplace injury by a few people. I am still very hesitant to do so as everything has been somewhat smooth I guess in getting done. However I have been out of work since august and the first surgery didn’t repair the issue. Just had 2nd surgery yesterday and I imagine if everything is okay I should be at work around may. I am sure some here have had a lawyer on claims and would you recommend me getting one. I keep hearing some people get a settlement some don’t. If you lose a % of your movement I have also heard it’s based on a calculation and a lawyer cannot get you a better settlement etc.
Most lawyers will give you a free consultation call a few up and see what they say
 

Airbusser

Member
What would you sue for? If you're getting WC and/or Disability and medical at no charge to you, no case at this point.
Did the Dr. screw up your surgery and is there evidence to support that?

GL
 

Wontmake9.5

My job is fun
What would you sue for? If you're getting WC and/or Disability and medical at no charge to you, no case at this point.
Did the Dr. screw up your surgery and is there evidence to support that?

GL
Yea that is what I am kind of confused at myself. Most people I have talked to say I will get a settlement once I get recovered and returned to work. I am guessing a lawyer get can a bigger one? Not sure
 

Airbusser

Member
Yea that is what I am kind of confused at myself. Most people I have talked to say I will get a settlement once I get recovered and returned to work. I am guessing a lawyer get can a bigger one? Not sure
Look up "Maximum Medical Improvement".
If you have something that will "linger" throughout your life, and you are not completely healed, WC will offer you a small chunk of cash, but you relinquish any further paid medical treatment through them.
A Settlement is not a certainty.
 

bleedinbrown58

That’s Craptacular
We do not. I tried that the first time and was told just to talk to some of the older guys that used varies lawyers. I have had a pretty smooth time with LM after they denied the first surgery and my Dr appealed it everything has been smooth from there on. Payments on time etc. so I am hesitant to do it bc of added stress etc but I also was not expecting to be out 8 months and two surgeries either.
Denying a necessary surgery isn’t exactly smooth. Get a lawyer....it won’t cost you a cent up front. Eventually you’ll get a nice settlement. I’m currently out on comp pending hand surgery....I’m using the same attorney I used 4 years ago when I blew out my knee at work. You like money, right?
 

bleedinbrown58

That’s Craptacular
Look up "Maximum Medical Improvement".
If you have something that will "linger" throughout your life, and you are not completely healed, WC will offer you a small chunk of cash, but you relinquish any further paid medical treatment through them.
A Settlement is not a certainty.
Nothing is a certainty but it’s worth a chance to recoup your lost wages. Before agreeing to a fair settlement last time......about a week before I was set to return to work, LM offered me a low ball settlement with an attachment clause of an extra $500 if I resigned. I told them to go pound sand.
 
Last edited:

Wontmake9.5

My job is fun
Denying a necessary surgery isn’t exactly smooth. Get a lawyer....it won’t cost you a cent up front. Eventually you’ll get a nice settlement. I’m currently out on comp pending hand surgery....I’m using the same attorney I used 4 years ago when I blew out my knee at work. You like money, right?
I haven’t denied surgery. The first time we went for surgery LM denied it. Then my doctor appealed it and it was approved. From everything I have been reading and a few local people that had the same thing of the doctor returns uou to work 100% you don’t get a settlement offer. Same as @Airbusser said. Might thought was to hold out and see what my doctor says after I heal completely before getting a consultation. As long as LM is paying for everything as they have I don’t think I have a case.
 

Wontmake9.5

My job is fun
How the hell cant your union guys at least refer you to a good comp lawyer?
I guess it takes to much work for them lol.. not sure I asked our BA as soon as my taw days were done and he said just ask some of the older guys we don’t have anyone to recommend.
 

bleedinbrown58

That’s Craptacular
I haven’t denied surgery. The first time we went for surgery LM denied it. Then my doctor appealed it and it was approved. From everything I have been reading and a few local people that had the same thing of the doctor returns uou to work 100% you don’t get a settlement offer. Same as @Airbusser said. Might thought was to hold out and see what my doctor says after I heal completely before getting a consultation. As long as LM is paying for everything as they have I don’t think I have a case.
I got a fair settlement after I returned to work. MMI does not mean you are as good as before you sustained the injury. It means your injured body part isn’t going to improve further with more PT/medical treatment.
What did you injure?
 

Wontmake9.5

My job is fun
I got a fair settlement after I returned to work. MMI does not mean you are as good as before you sustained the injury. It means your injured body part isn’t going to improve further with more PT/medical treatment.
What did you injure?
Yea I know but if the doc says releases me 100% then basically says it’s as good as it was before injury. And I had a ulnar nerve transposition.. two of them lol
 

bleedinbrown58

That’s Craptacular
Yea I know but if the doc says releases me 100% then basically says it’s as good as it was before injury. And I had a ulnar nerve transposition.. two of them lol
Wrong. I got a LM settlement for a 25% permanent disability for my knee (based on the 2 surgeries I had on it) AFTER my doctor said I was at MMI and released me back to work. You should consult an attorney. LM doesn’t give a rat’s ass about making you whole.
 
Last edited:

bottomups

Bad Moon Risen'
Your MD will determine percentage Partial Permanent Disability, not a lawyer.
I've had more than a few WC cases. Only needed legal help with one of them.
 

oldngray

nowhere special
better-call-saul.jpg
 

Airbusser

Member
I know you simply asked a couple of questions, and seem to know the answers, but your focus should be on recovery and not so much on a "settlement". Your surgery was probably denied because the initiating medical staff screwed up the documentation and didn't make it clear for LM to approve.
If you're receiving WC, there is no "back pay" because you would have had to agree to the start date for the injury.
From what I know (very little BTW), a nerve transposition's recovery is primarily a surgical wound recovery, unlike a knee replacement or losing a foot.
As long as your WC is coming in, you really have no case.
If you're released prior to your full recovery, your issue is with the Dr (who typically fear patient suits).

Get well soon and focus on the rehab protocol. You'll need that hand/arm later in life.
 
Top