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I have a work related injury to my knee and may require surgery, what is my issue worth?

Lakeland, FL |

I am waiting on a settlement for my work related knee injury and the doctor is referring me to a surgion, the insurance company been taking care of the appointments for now, but I have been working a sit down job to accommodate my injury with a different employer because the insurance company stopped my payments for no reason and no letter, and my employer that I got injured on could not accomodate my injury so therefore I went and got a sit down job on my own but my workmans comp was not closed. I have been asking to get a settlement instead of dragging this out. What is my settlement worth and can this be settled soon? I have been waiting.

Attorney Answers 5


  1. You need to talk to a workers compensation attorney to evaluate the case for settlement. There are too many factors that go into to be able to provide an intelligent answer here. Many times settlement is not the best option.


  2. You don't want to settle a case if you need surgery. Contact a local WC attorney to review your options.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: CJCandiano@CandianoLaw.com http://www.CandianoLaw.com


  3. Unless you are dead certain that either (a) you don't want surgery, or (b) you have other insurance that will pay for the surgery, settling the w/c claim at this point of medical uncertainty is not a good idea. Go get a free consultation with an experienced w/c attorney in your area to find out why in more detail.


  4. If your employer cannot accomodate your work restrictions, you would be eligible to claim lost wage benefits from workers' compensation. In general, I do not recommend my clients settle their case if they are going to have surgery. There are too many possible complications that could occur in surgery, and any settlement offered by the insurance company would not pay enough money to cover most of the possible complications. That being said, without more information, such as the amount of lost wages you may be entitled to, the type of surgery you are going to have and your vocational background, I cannot determine the settlement value of your case. I strongly suggest you contact a qualified workers' compensation attorney in your area.


  5. Wow! There are so many aspects to your question but it's obvious that, by the way you phrase your question, you are like the lamb being lead to slaughter. From the carrier's viewpoint, you are working and therefore you have a small case for wage loss benefits. If you had an aggressive claimant lawyer representing you, he would argue that your sit-down job is "sheltered employment" and not a real job that exists in the open labor market. If you were unable to continue in that sit-down job, you may have a shot at a "big" case for permanent and total disability which is the most that anyone can get in a workers comp case. So....there are little cases and big cases in WC. Which kind do you have?
    Robert Shapiro

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. advocate1@comcast.net, 305 373-1099.