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Do all workers comp cases get settled?

Branson, MO |

I suffered a back injury at work and now need cortisone shots for pain management. They don't work, and I still have sharp back and leg pains. I'm just wondering how much longer I need to deal with doctor's that won't listen and do the bare minimum to keep the insurance people satisfied.

Attorney Answers 8

Posted

No, all cases do not settle.

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Brett A. Borah

Brett A. Borah

Posted

Succint answer!

Posted

No, all cases do not settle. Even if they did, that does not mean your pain is going away. Make sure you have a good lawyer working to maximize your claim, especially if you expect it to be life long. Good luck.

The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.

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Posted

All workers compensation cases do not settle. In Georgia, the insurance company and the claimant have to both want to settle the case. If either party decides not to compromise the case, the case will not settle. The insurance company is only obligated to provide monetary benefits if you are out of work per the treating physician work restrictions and to pay for medical treatment ordered by the doctor. If the insurance company does not agree with the doctor's recommendations, they can send the injured worker to another doctor to see if the treatment recommendations are reasonable and necessary. Insurance companies can send the claimant to multiple (IME's) independent medical exams, while the claimant can chose another physician to do an IME at the insurer's expense.

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Posted

I would recommend that you get a good workers' comp lawyer to help you first, before you even consider settlement. There may be a lot that can be done to help you with the correct legal help.

Here in NC about 85% of cases eventually settle. But I don't like to settle a client's case when the medical outcome is so uncertain. I think that is too risky for the client.

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Brett A. Borah

Brett A. Borah

Posted

I agree.

Posted

Workers Comp here in Missouri is a complicated system that is designed to benefit employers, not the employee. All cases do not settle, and there are time restrictions you need to be aware of that could affect your case.

I represent injured workers all across Missouri, and would be glad to speak with you about the case in more detail free of charge. 314-808-6157.

***PLEASE NOTE: My response to this question and any other question in this forum are never intended as legal advice and must not be relied upon as legal advice. My answer to this question should be viewed as general in nature and does not establish an attorney client relationship. The choice of an attorney is an important decision and should not be based solely upon advertisements***

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Posted

I agree with my colleagues, but I would just add that if you are in so much pain that it is hard to hold down a full time job, you may look at applying for social security disability insurance benefits. Even if it is just temporary, it may help you while you are recovering. You can apply online at www.ssa.gov.

Only about 20% of people get approved at the application but if you get denied, you can appeal it and wait for a hearing. At the hearing stage, there is about a 50-60% approval rate. You will need an experienced SSD attorney to help you with the hearing. You can do the application on your own but some people hire an attorney to help them with this as well since the attorney does not get paid unless you win.

Hope this additional info helps!
Saundra McDowell

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Posted

No, all workers' compensation claims do not settle. You should consult a seasoned workers' compensation lawyer. I am interested in learning more details about your legal question. My firm is located in St. Louis and is a respected, family owned plaintiff’s personal injury practice. We offer a toll free number you can use to reach me – 800-391-4318. A good response to your question would be too long to type so my hope is that you will call our office and ask for me so that I can give you a private, no-obligation consultation by phone. You can learn more about our firm by visiting www.missourilawhelp.com. Thanks!

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Posted

Hir an experienced workers' compensation attorney, like myself.

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