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For my head and neck injury how much should my settlement be from workers comp? could this be a permanent disability?

Trenton, NJ |

I have a heriaed disc in my my neck and the numbers are 4,5,6,7 and headaches for the past 2yrs also I have have continued numbness from my neck to my right shoulder all the way to my right hand. when I was injuried on the job back in may 2010 My job sent me the their doctor and he ordered me to get a mri and a cat scan done. after the test were done I was ordered to go to physical therapy after a few wks of the phyical therapy I was told that this is all they can do for me and my injury and they sent me back to work. when they sent me back to work I immediately reached out to a layer. I was laidoff in 2011 and 2012 when i went to my layers doctor I was told for the first time that I had heriaed disc. for 2yrs I was going throw all this pain with no medical treatment!

Attorney Answers 4


  1. There probably will be Permanent Disability, but there is absolutely now way to value your case from your paragraph. You should speak to your Attorney about that. That is exactly why you are paying a percentage of your ultimate recovery.

    Attorneys are very competitive. Choose the Best Answer so we know who helped you the most.


  2. In New Jersey unlike Pennsylvania for example, the employer controls treatment and the selection of the doctors. Most likely the insurance company did not send any medical records to your atorney, free under NJ law, until you were designated to be at MMI by the treating doctor. If your attorney's expert indicates that you still need treatment and you want the treatment you can petition the court for additional treatment. Note, it will delay the settlement of your case.

    As to value, there are too many variables which your attorney should explain to you. Unoperated herniated discs have value but the type of treatment received will affect the final award.


  3. In Maryland your workers compensation claim would be determined inpart by the permanency rating given by your own doctor.The rating is done after you have reached maximum medical improvement. Generally at that time a doctor for the employers workers compensation carrier conducts an IME. The doctors rating is generally much lower and a comprimise between the two ratings is often reached to obtain a stipulation or settlement. A stipulation is often the best option since medicals stay open.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm


  4. A competent workers' comp attorney in your state can value your claim for you. He or she would have to consider all the facts of the situation and the law, and his or her experience, to come up with a fair settlement value. It is impossible to do that on a forum like this. Good luck to you.

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