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Should a lawyer tell a client that your final doctor's report don't matter when it come to settling a workers comp case.

Palos Hills, IL |

I was injured on the job oct.19th 2012 i'm a nurse assistant I was changing a resident on the floor and felt something pop in my back I was off work for a week I went back on light duty in February I was sent home on worker comp never received a check until mid may all together I received 3 checks then another company took my case over corvel originally it was Sedgwick after corvel took over my checks stop all the lawyer could say was he's working on so I said settle my case and he told me oh we settle the case without because it wouldn't make a difference excuse me I need surgery on my back because my disc is out it's a 8.4 outage and he sit and tell me it wouldn't matter i'm pissed I feel he doesn't have my best intrest at all what can I do i'm tired of his bs

Attorney Answers 3

Posted

If you have an attorney, we can't give you advice.

What I can say is I would suspect there is a question o f causation of your back injury in the medical reports. I am guessing it is not 100% certain that all doctors agree you n eed surgery or that it is as a result of this work-related incident.

Your case, like most workers' comp cases I handle, is disputed in some way. It means whatever settlement you achieve will often be a compromise.

You should sit down with your lawyer for an explanation of all the pros and cons of going to trial. If you don't get answers, retain a new lawyer to replace this one, but don't expect the evidence to change.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL
773-944-9737
Email: stephen@hofflawyer.com
Website: www.hofflawyer.com
Blog: www.hofflawyer.com/blog/

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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Posted

I agree that you should sit down with your atty and discuss what's good or bad about your case first so you have a complete picture of where things stand. If you can't get the attorney to do that you can always find someone else

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Posted

Please read my comment.

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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

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1 comment

Charles Joseph Michael Candiano

Charles Joseph Michael Candiano

Posted

When something is so important that it is going to affect your ability to earn a living, for the rest of your life, it is nit sufficient that you trust without explanation or understanding. Please remember that your attorney does NOT get paid until you settle the case or until the case is tried AND nobody appeals it. If you have suffered a herniated lumbar disc and you need surgery, NOBODY will be able to settle or try your case for a year or more. IN ADDITION, if you are not receiving TTD, your attorney must request an emergency hearing on that issue so you don't lose your car and your house while you are getting better. Also, if are receiving regular TTD payment (weekly income under WC), the employer may be denying the claim or at least questioning the severity of your injury. If this is so, you would be forced to have your surgery through your group health insurance or add that issue to the emergency hearing. If you do the latter, your attorney will almost certainly have to depose your doctor and the IME doctor. This will add at least 3 months and a few thousand dollars to the preparation. Not to be cynical, but please understand that settlement now, means that the attorney spends NO MORE TIME, NO MORE MONEY,and he gets PAID NOW. If there is an emergency hearing, the attorney will have to pay for depositions and make the time to attend prepare for and attend them, otherwise prepare TWO trials, write TWO briefs, and wait 18-24 months before he gets paid. There ARE many very good reasons to settle a case, rather than try it. Just make sure that if you decide to settle, you settle for a reason that actually inures to YOUR benefit. If you cannot get these answers from your attorney, seek out one of us to help you. Good luck. +

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