AboutDoctor Settlement Expertise 27 years of front line plaintiff`s trial lawyer experience in PERSONAL INJURY INSURANCE CLAIMS. Along with other attorneys and insurance adjusters, we have created a website to help injured people settle their own personal injury claims. With the help from feedback from hundreds of satisfied members, www.settlementcentral.com has become THE AUTHORITY for Internet personal injury insurance claim settlements. I am humbled and honored if people can benefit from my experience and current volunteer work in helping injured people. I hope I can explain things in a manner that is useful for the questioner. If not, do not hesitate to e-mail me and I will take a second shot at it! Best Wishes for your physical and financial recovery.
Experience
Life Experience: 27 years of front line plaintiff's trial lawyer experience
Organizations: American Trial Lawyers Association (AAJ)
Washington State Trial Lawyers Association
Awards and Honors:
I am humbled and honored everytime I am selected to help injured people. And when people give feedback that they have benefited from my experience and current volunteer efforts, then that is a double honor and award for me.
Question i was hurt at work i have slight damage on my back the disc it will progress with time more pain i will be able to return to work i will have slight pain always until it gets worse than do surgery .if take lawyer to make sure i get the medical bills covered in future will workman compensation from farmers insurance company notify my employer that i have lawyer and suing them ,maybe when the employer finds out that im suing the insurance he my find reason and fire me before i do anything what can you advise me to do im young i have and like to work for many years but just in case if my problem becomes bigger in 4 -5 years what do i do than do i need lawyer now or later after 4-5 years and just wait until or if i get sick from same problem say that is from previous injury and reopen the case ?thank you
Answer Hi Ed,
First off, Dr. Settlement is an expert in auto accident insurance claims "do it yourself" instructions. I do not know the first thing about workers' comp claims inasmuch as those are specialty claims that we always referred out of the office. The only exception was when there was a third party tortfeasor at fault and we made the claim versus that tortfeasor.
I do not know of any expert here at allexperts.com that specializes in workers' comp claims, so you might have to seek information elsewhere.
Given that, and on the agreement you will not hold me to have any knowledge about such claims, I am going to take a shot at helping you because you seem confused right now and it appears you do need some direction.
I am not sure from your question whether you have a firm grasp on the workers' compensation system in the various states. The basic bargain of the WC system is that you will get your medical bills paid and your time off work paid and any future disability compensated IN EXCHANGE FOR GIVING UP TH E RIGHT TO SUE THE EMPLOYER.
That is how the system works. Unless there is a grievous violation of negligence on the part of the employer (VERY rare), you will not have any lawsuit there. Possibly there is a lawsuit if a third party (NOT merely another employee) caused your injury. In that case, you get to sue for everything in the WC system PLUS general damages (i.e. pain and suffering and loss of enjoyment of life).
I will answer your questions in the order you have asked them, but since we do not have HTML capability in our answers, I will make my answers IN UPPER CASE TO DISTINGUISH THEM FROM YOUR QUESTIONS.
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#1. "the disc it will progress with time more pain i will be able to return to work i will have slight pain always until it gets worse than do surgery .if take lawyer to make sure i get the medical bills covered in future"
ANSWER: YOU ARE RIGHT ON THE MONEY HERE, ED, IN LOOKING AHEAD TO YOUR FUTURE PROBLEMS YES, A DISC INJURY CAN LEAD TO SURGERY LATER AND I BELIEVE THAT AN ATTORNEY IS THE BEST WAY TO ENSURE THAT YOU WILL GET THE SURGERY COVERED IN YOUR WC SETTLEMENT.
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#2. "will workman compensation from farmers insurance company notify my employer that i have lawyer and suing them"
ANSWER: I HAVE NO IDEA. WHY IS FARMERS INSURANCE INVOLVED? FIRST OFF, YOU CANNOT SUE YOUR EMPLOYER UNLESS THERE IS A CASE OF WILLFUL NEGLIGENCE (VERY UNUSUAL—A HIGH DEGREE OF DISREGARD AFTER BEING AWARE OF DANGERS). SO ANY INJURY AT WORK WILL VERY RARELY RESULT IN A LAWSUIT VERSUS THE EMPLOYER.
But if a third party outside the scope of the employer's business caused the injury whilst you were in a work status, then you can sue the third party. Is Farmers the insurer of the third party? If so, then you will sue them and your employer will not be involved in that lawsuit.
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#3. " employer that i have lawyer and suing them ,maybe when the employer finds out that im suing the insurance he my find reason and fire me before i do anything"
ANSWER: YOUR EMPLOYER CAN NEVER EVER FIRE YOU FOR EXERCISING YOUR RIGHTS, EITHER IN A WORKERS' COMP FILING OR IN A LAWSUIT VERSUS THE THIRD PARTY.
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#4. "do im young i have and like to work for many years but just in case if my problem becomes bigger in 4 -5 years what do i do than do i need lawyer now or later after 4-5 years and just wait until or if i get sick from same problem say that is from previous injury and reopen the case ?"
ANSWER: YOU ARE VERY SMART TO ASK THIS QUESTION, ED. IT IS HARD TO REOPEN A CASE YEARS LATER. WHAT ABOUT ANY INTERVENING CAR ACCIDENT, OR ANY INTERVENING STRESS ON YOUR BACK, ETC.? THE BEST TIME TO TAKE CARE OF YOUR FUTURE CARE RISKS IS RIGHT NOW.
An attorney can make sure you get to a good doctor who will not shy away from making a FIRM PROGNOSIS of future problems. The WC doctors will pooh-pooh the risk of future problems, whereas the doctor your attorney will recommend will be forthright in spelling out the severe risks you will have from a disc problem.
Or, if your attorney decides to leave you with you present doctor, she will be able to encourage that doctor to make a more firm prognosis regarding future problems that if you had no attorney.
Hence, I would get an attorney ASAP. Unless you have a third party claim, you will need to see an attorney who advertises as specializing in WC claims.
Best wishes, ED,
I trust that my time here has produced some information that has been of value to you, and thus I would respectfully request that you take the time to locate the FEEDBACK FORM on this site and leave some feedback for me.
