Just recived a state workers compensation board letter approval for anterior cervical decompression and fussion c5 c6 +

Asked about 1 year ago - Flushing, NY

Cervical orthopaedic assist. I AM STILL HEALING FROM MY L5 S1 DISCETOMY AND FUSSION .my question is can I hold off my discussion to get surgery and if so how long....and if I decide not to get sergury does workers comp still recognize my injury for settlement ...no one will answer my question whats the aviage settlement for my injurys .....my lawyer avoid s my question always .. I need a new lawyer. Please feel free to answer my question thank you all

Attorney answers (5)

  1. David Brian Snyder

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . I am not sure exactly what your question is… If your question is whether or not you can hold off on a settlement until after your fusion, the answer is certainly yes for a Worker's Compensation claim in New York. Whether or not your claim is established for your neck is a question of fact that has likely been established previously. If there is another injury and you are losing time because of the neck surgery, if that is unrelated, then it may not be covered under workers compensation and you would not be entitled to indemnity.

  2. Mitchell Jan Birzon

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . You should do whatever is in your best medical interest. Your work related injuries have been identified and treatment approved. As a practical matter, having surgery does generally increase the award you will receive.

  3. Christopher Michael Davis

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . In general, settlements are generally much larger when a surgery is involved. As for the delay in your surgery, that is something you need to speak about with your current attorney. If they will address your questions, explore the options of hiring a new attorney.

    Any accident and legal information provided by Davis Law Group to non-clients is for general information purposes... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Get the medical treatment you require, and retain a local WC lawyer

  5. Manuel Alzamora Juarez

    Contributor Level 20

    5

    Lawyers agree

    Answered . Your injuries are so serious that you should hire a workers comp lawyer ASAP. There are some very good WC lawyers in Rushing and you can find them here in AVVO. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more

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