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I need Neck and Back surgeries for a pinched nerve in my neck and three ruptured disks in my back? Is $50,000 a fair settlement?

Kansas City, MO |

The worker comp insurance company wants to offer me a settlement of only $50,000 for a work injury which caused me to have a pinched nerve in my neck and three ruptured disks in my back, they want to settle with me for only $50,000 and then have me pay out of my own pocket for the neck and back surgeries. I'm thinking that the neck and back surguries will cost me more then $50,000 out of my own pocket, and I've been living with terrible headaches, backaches, neck and shoulder pains for over 3 1/2 years because they refused to send me to a back surgeon for over three years after I got hurt to determine the extent of my injuries, and my health condition has continued to get worst without any treatments, now I also have sharp pains going thru my legs, feet, arms, hands and fingers

Attorney Answers 10


  1. You really need to consult with a local WC attorney. I sounds like the offer is nowhere in the ballpark of being fair. You are right to be concerned.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  2. doesn't sound like a fair amount, but without knowing the facts of your case and your rate of pay, it is impossible to advise you.

    contact an attorney with knowledge about workers compensation personally, as you will get better results that way.

    While we hope this information is helpful and informative, it should not be considered a substitute for legal advice. The choice of a lawyer is an important decision and should not be based solely on advertisements. Please contact us for a free consultation on your injury claim - there is never a fee unless we collect money for you.


  3. This is a conversation to have with your attorneys.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


  4. There are so many complexities to your question that it is not possible to answer in this forum. That said, you should know the work comp insurance carrier (and/or employer) is responsible for all of your related medical bills (including future bills). I highly recommend you speak with a qualified workers' compensation attorney so you may confidently achieve maximum compensation. Quite frankly, you are only wasting your time and efforts until you put yourself on an equal playing field by retaining an experienced professional.

    These comments are merely opinions, not legal advice, and this communication does not create an attorney-client relationship. Therefore, if you have additional questions, I highly recommend you contact an attorney in your state with knowledge of the applicable state laws. I am licensed to practice in Missouri and Illinois and my firm represents personal injury victims.


  5. I suggest you contact a personal injury attorney immediately. You need someone looking out for you. The insurance company for your employer will screw you. I don't have the facts of your case so it is hard to give specifics but the employer should pay for any surgery that is related to a work accident. Please call an attorney so you don't get less than you deserve. We are experienced in handling matters like this and you are not. I can't install my own bathroom so I call a plumber.


  6. Sounds like you are trying to negotiate a lump sum without a wc lawyer which is a bad move. Get a local wc lawyer to bump it up.


  7. No. You must meet immediately with an experienced workers' compensation attorney. Yoy have a significant disability which may make you permanently and totally disabled.


  8. It sounds like you should be demanding medical care, rather than thinking about settling for a lump sum. You need aggressive representation to get the benefits you are owed, particularly in work injury matters bc work comp is so cheap!


  9. Depends, but, in Delaware, where I practice, provided you had top shelf personal injury lawyer representing you, and provided liability is clear, id be aiming for more than 50K for my client in this scenario / situation, what does your attorney say, if you don't have one, time to attorney up


  10. It doesn't sound like a fair settlement, but there are a lot of factors that are unknown from your question that are needed to determine a fair settlement. If you don't have a local worker's compensation attorney then you should consult one. If you already have an attorney and don't feel comfortable with the settlement offer you always have the option to refuse the settlement and/or get a second opinion.

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