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Does my Workers Comp Case Increased the Value

Chuluota, FL |

Doing a second Surgery.
I am a Brick Layer and Injured my Right
Wrist eight month ago and after the Doctor
did the first Surgery and PT have not help
me get better.the Doctor says i need another
Surgery, but there is no guarantee because
I will still have Restrictions.

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Attorney answers 3

Best Answer

The answer from Ken Schwartz is right on! I have handled cases like yours for over 34 years and getting 10 surgeries does not increase the value of the case! If that is what your lawyer says, it could be time to get a different lawyer. In WC cases in Florida, it all comes down to whether you can return to work in any job (even making minimum wage) or not. If you can return to any job, you have a small case. If you cannot return to any job because of ALL of your impairments, you have a BIG case. That's it. That's the main issue. Now, if you've been out for 8 months, and gone through surgery, P.T., pills, sitting at home doing nothing and getting 2/3 of your salary, I have a question for you: aren't you anxious, depressed, worried about your future earnings, etc.? Did you know that you have a right to see a psychologist or psychiatrist for counseling and this could INCREASE the value of your claim much more than having multiple surgeries? Trusting the WC insurance company, your employer or their hand-picked doctors is like trusting the wolf to watch the chickens! A good lawyer should be doing things actively to show ALL of your problems not just the wrist. If the lawyer is just waiting passivelyl for MMI to come, you've got the wrong person.
Think carefully because you only get one chance....
Robert Shapiro


Having the second surgery will likely not increase the value for settlement purposes, because that's not how workers' comp cases get evaluated. In fact, having the surgery might decrease the settlement value, because the carrier will have already spent the money that they'd be giving you for settlement on the medical care they provided. In simplest terms, w/c settlements are based on what the carrier will reasonably likely have to spend on your case (whether for doctors, medicines, lost wage benefits to you, administrative costs, defense fees, or whatever) from this point forward. What happened in the past is usually not very relevant. (This is mostly true because there are never any pain-and-suffering damages in w/c.) That said, DON'T LET WORRYING ABOUT THE VALUE FOR SETTLEMENT KEEP YOU FROM GETTING NECESSARY MEDICAL CARE. If you pass on medical care now that the doctor tells you is needed, you will likely cause yourself not to heal as much as you otherwise could. That, in turn, could cost you not only future work opportunities but also simple enjoyment of life by having a functioning wrist. It sounds like you really should go talk to a w/c attorney before you make ANY decisions about your medical care or settlement. Don't wait... time is your enemy in workers' comp cases.


What I tell my clients all the time is do what you want to for your life. i will make it work out in the case. Dont do stuff because you hope to increase the value of your case. Remember too that surgery is supposed to make you better, and if it does that, then technically your case value should go down. Make a decision that fits your life and hire the right attorney and they will make that work out for you.