Im sceduled for mediation and im no longer workin im still having dr appointments in lots of pain
wc dr says i can work but i cant im in to much pain so i explain to my ajuster that i cant work im still having dr visit .wc has arranged a mediation .my quetion to you is what will happen at medation in my case i suffererd neck and back injuries as well as an eye injury. can i still settle ?
You can always settle your case. The question is, should you. If you are in so much pain you cannot work, you need to look at your options, such as whether you may qualify for permanent total disability, or if you will need spine surgery in the future. Without more information, it is difficult to make a recommendation. Consideration needs to be given as to your age, education, work history and physical imitations. If you have an attorney, you need to discuss these issues with them. If you do not have an attorney, you should immediately contact a board certified workers' compensation attorney in your area.
The short answer is yes, you can settle. However, I strongly suggest that you discuss your case with an attorney who handles workers comp cases.
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Legal disclaimer: Legal analysis is for general information, based upon the limited facts provided. Comments are not intended to constitute binding legal advice. There is no attorney-client relationship formed as a result of this communication. The response provided shall not be relied upon as legal advice from the responding attorney and it is based solely upon the limited facts being provided to the responding attorney by the person posing the question. To the extent additional or different facts may exist, the response provided by the responding attorney might change. Responding attorney is licensed to practice law only in the State of Florida. As such, the response provided is based solely upon Florida law unless otherwise herein stated. If you find this information helpful, please check the "Up" arrow box below. If you wish to discuss your question(s), the response provided, or hiring me in a confidential setting, call (813) 413-8700.
If you have an attorney, you really should address this with him or her. If you don't have one, from the sounds of it, you really need to consult one. Mediation is nothing more than a settlement conference to find out how much they are willing to pay you today to settle the case. FL law allows any injured the worker the right to settle their case, even on the date of the accident, if he/she can agree on an amount with the carrier. That being said, it sounds like your case may have complex issues and it would benefit you to seek the assistance of counsel
You can always reach a settlement. Mediation is the best opportunity for settlement to happen. You do not want to settle anything, however, until you speak to a lawyer and know what your claim is worth. Have you exercised your one time change in physicians?
You can get a free consultation on this matter by calling 407-617-1064. Please understand that the information... more
You can get a free consultation on this matter by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make a more accurate legal determination on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.