Asked in Philadelphia, PA , on Jun 13, 2014
I would like to know what is independent neurological examination ask by insurance company. What to expect and should I get a lawyer. I have cervical injury and I torn my right rotator cuff. I am currently receiving benefits from WC. A friend of mine read that most herniation happen in lumbar not cervical spine. I am 51 years old, worry about my future.
Answered on Jun 13, 2014
I am guessing you will have a difficult case, not necessarily because of whether it is compensible but because of the mix of should and cervical injuries. You should talk to an attorney about all of these issues because the mix of injuries could give the company an opportunity to deny you claim or not accept all of the conditions you now suffer from. These conditions could effect your future earning capacity. You definitely need someone to manage the claim and make sure you are treated fairly. The insurance company is not in the business of just paying claims. Good luck.
Asked in Quakertown, PA , on May 14, 2014
I have a work comp case open. My foot is still in bad shape and im thinking of seeing a psychiatrist because I feel depressed and stressed about it. Would seeing a psychiatrist make a possible future settlement larger or would it not matter?
Answered on May 15, 2014
I would say alot depends on the Judge, how your credibility is perceived and the expert you chose. I have actually heard judges say they are surprised more of these claims are not made. Other judges are skeptical no matter who you present. I think these claims do increase settlement value though, because it raises the specter of a longer claim and a more difficult condition to accommodate.
Asked in Wexford, PA , on Jan 19, 2014
My hearing is in 4 weeks and on the notice it lists my company, their lawyer, their insurance company and Sedgwick. Does this mean they are looking to settle my case? I got hurt over 13 months ago and I am still having a lot of problems and taking a lot of medications. I finished therapy about 3 months ago and he told me he didn’t think I would ever get better but I asked to do another therapy but it doesn’t seem to be doing any good. Workmens comp. asked my company 2 times if there was anything I could come and do and they said both times there was nothing and to him on workmens comp. I don’t think I will ever get better or be the same again or be able to hold a job of any kind. If I do settle would I get SSDI and what kind of health insurance would me and my family be able to get
Answered on Jan 20, 2014
Workers compensation is a very settlement driven practice, it is not just about getting the best number possible, as you seem to understand. I always feel like I spend more time working on the settlement details then I do on the case itself (liability, etc). It is hard for a non-WC attorney to deal with these issues, so you should not be doing it on your own at this point. The insurer is always looking to settle, the question is will you make a settlement that is in your best interests now and 10, 20, 30 years from now – that involves considering your potential to continue benefits, your ability to work in your profession or another profession, other potential health providers/insurers, statutory requirements to protect state or federal benefits you have already received or may receive in the future (that could came back to hurt you substantially), and the monetary figures being offered to settle the case. Your considerations related to SSD also depend on how you handle your compensation case. Best thing that you can do is get someone qualified to handle the mediation so you are prepared to deal with all of these many issues.