Do I really need a lawyer?

[Wontmake9.5]

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.

I agree 100% and I am not arguing that. The reason the surgery first was denied is Lm had some doctor review it that was in a completely different state and never saw me. He deemed it not medically necessary. So then I had to do a nerve test to show damage etc. i don’t care if I get a settlement or not that isn’t my goal. I just want to be healthy and go back to work. The reason I even asked is if I am entitled to something why not get it. But from what you say and from I read you are 100% correct if I don’t have any long lasting injury etc there is nothing to get an I am fine with that. My payments come on time and I haven’t had issues. I just want to get healthy and go back to work.

 

[Airbusser]

I agree 100% and I am not arguing that. The reason the surgery first was denied is Lm had some doctor review it that was in a completely different state and never saw me. He deemed it not medically necessary. So then I had to do a nerve test to show damage etc. i don’t care if I get a settlement or not that isn’t my goal. I just want to be healthy and go back to work. The reason I even asked is if I am entitled to something why not get it. But from what you say and from I read you are 100% correct if I don’t have any long lasting injury etc there is nothing to get an I am fine with that. My payments come on time and I haven’t had issues. I just want to get healthy and go back to work.

Yes, you are entitled to the best medical care you can get...Unfortunately, you MUST be your own, best advocate.
If it was me and I had a chance to leave the door open for future care should issues arise due to the injury, surgery or just aging, I'd do that.
Best wishes and take care of yourself! Do the rehab!

 

[Johney]

W/C laws and procedure's are differant in every state. I have had a couple comp case's, one required a lawyer the other did not. MMI (maximum medical improvement) is what you'll get when they have basically done all they can for you medically. Here it's a % rate based on what your disability is now since the injury. Example: Rotator cuff repair was a 4% disability rating. That will pay you based on a formula(which I don't remember)for what you were being paid a week times 26 weeks(I think). This is not a settlement. A settlement would be if you want to settle your case with them and they are no longer responsible for that injury. And yes you will most likely be asked to resign. I mostly see this happen when cases are kept open(here you must see the Dr. once a year within each 365 days)or retirement. This is when you should get an attorney. If L/M is taking care of things while it doesn't hurt to consult an attorney there really is no need to. I settled some comp cases when I retired with the same lawyer I used before. He took a small percentage of my settlement which was fine with me just to know they wouldn't be screwing me.

 

[Wontmake9.5]

Yes, you are entitled to the best medical care you can get...Unfortunately, you MUST be your own, best advocate.
If it was me and I had a chance to leave the door open for future care should issues arise due to the injury, surgery or just aging, I'd do that.
Best wishes and take care of yourself! Do the rehab!

Yea that is my thinking as well. Unless for some reason they give me an insane number. But I rather have care and medical on the arm then get 20/30k or less. That’s for the good wishes! I am just ready to get this behind me and go to work. I actually miss the place lol

 

[Johney]

Yea that is my thinking as well. Unless for some reason they give me an insane number. But I rather have care and medical on the arm then get 20/30k or less. That’s for the good wishes! I am just ready to get this behind me and go to work. I actually miss the place lol

Just make sure you check w/c laws in your state. See if it's like here where you have to keep the case open. If you eventually settle down the road your health insurance(yes Teamcare)will cover any future issue's as long as they are over 5 years since the injury occurred.

 

[Wontmake9.5]

Just make sure you check w/c laws in your state. See if it's like here where you have to keep the case open. If you eventually settle down the road your health insurance(yes Teamcare)will cover any future issue's as long as they are over 5 years since the injury occurred.

Here it’s 1year. If you don’t take care of it with wc within a year of injury then they are basically feee of fault and you have to go through your own private insurance . If you take a settlement lm will cover the medial portion of something happens to the same injury but you forfeit the weekly payments while at home.

 

[Up In Smoke]

I recently had a partial knee replacement as result of a work place injury. LM covered everything from diagnosis through physical therapy. I contacted a lawyer just to insure I wasn't being taken advantage of. Most of the injury dollars are a formula the state determines for each injury based on the degree of disability. The lawyer was crucial in determining the pain and suffering as well as the possible future loss of income. In my case he argued successfully on my behalf and got a fair settlement as well as money for my wife's added burden. He also was able to get LM to set aside $85k for any future medical on that knee. I would recommend at least making a phone call and get the facts from someone who would be looking out for your best interest.

 

[Johney]

Here it’s 1year. If you don’t take care of it with wc within a year of injury then they are basically feee of fault and you have to go through your own private insurance . If you take a settlement lm will cover the medial portion of something happens to the same injury but you forfeit the weekly payments while at home.

So basically same as here you need to follow up every year to keep the case active or do you mean reporting it and seeking treatment? Be careful because I'm quite sure Teamcare WILL NOT cover a work related injury unless it's more than 5 years old. And I'm also quite sure that if you lie and they find out you will be responsible for all the bills.

 

[Wontmake9.5]

So basically same as here you need to follow up every year to keep the case active or do you mean reporting it and seeking treatment? Be careful because I'm quite sure Teamcare WILL NOT cover a work related injury unless it's more than 5 years old. And I'm also quite sure that if you lie and they find out you will be responsible for all the bills.

I will check into that more. Thanks for the info. I was under the impression that lm is basically responsible for this injury for the life of me. In case I re injure the same elbow etc. as long as I don’t take a settlement that is.

 

[Johney]

I will check into that more. Thanks for the info. I was under the impression that lm is basically responsible for this injury for the life of me. In case I re injure the same elbow etc. as long as I don’t take a settlement that is.

They are responsible "IF" you know the laws and follow them. One of mine I settled was from before 2003. I kept the case active by going once a year.

 

[EmpireUPS909]

You need an attorney. Doesn't matter how small the injury. You are not dealing with UPS. You're dealing with an insurance company that has a team of lawyers

 

[Thebrownblob]

Get A Lawyer

 

[olroadbeech]

lawyer up.

to ups you are persona non grata

 

[Big Babooba]

In some states Workman's Comp pays for your lawyer.

 

[NAHimGOOD]

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.

If @NAHimGOOD gets injured he's definitely suing this well funded company...

If @NAHimGOOD has to have surgery.... SUIN!

if i go through with the surgery and its jacked up to where i have to have another...

SUING AND GOING @Powder STYLE!

I wish they would even ask me about a return to work day...

Pfft

 

[Johney]

If @NAHimGOOD gets injured he's definitely suing this well funded company...

If @NAHimGOOD has to have surgery.... SUIN!

if i go through with the surgery and its jacked up to where i have to have another...

SUING AND GOING @Powder STYLE!

I wish they would even ask me about a return to work day...

Pfft

Have you ever filed a comp claim?

 

[NAHimGOOD]

Have you ever filed a comp claim?

Who's askin

 

[Johney]

Who's askin

Someone who has. All I'm asking you're saying, I'm going to sue,sue,sue,....for what may I ask?

 

[NAHimGOOD]

Someone who has. All I'm asking you're saying, I'm going to sue,sue,sue,....for what may I ask?

No.

No you may not.

Reread the post.

Your answers are there.

Helping with comprehension skills.

 

[Johney]

Helping with comprehension skills.

No. Not really. But that's ok I get it. Sue away. Lol.