Legal Question in Workers Comp in California
How can I find out if a workers' comp Compromise & Release is a Fair deal to me? They are offering $15K for a Carpal Tunnel injury. I do not want surgery at this time and am willing to suffer the pain right now. But, I know I will need surgery in the future. Where can I go to find out what this surgery costs and what the raise in pricing will be on average per year so I can make a good decision?
2 Answers from Attorneys
Unless you are absolutely sure that you have medical coverage that will pay for the future surgery, do not settle the entire case. No matter how reasonable the estimate is, medical costs will likely go even higher. The insurance company will offer you a conservative estimate, probably of current costs, and not a moderate estimate of future costs. They are in the business of making money and will be smarter in protecting your interests than you are in advancing yours.
As to the specific injury, the percentage is suppose to represent the decreased opportunity for employment in the general labor market. we have have to know what your work disability is and whether any other issues exist [earned vacation and sick leave while off work, paid mileage for medical visits, etc.]. Call up several applicant attorneys and see how much of a percentage of your award they would charge to give you advice or represent you.
You need to be evaluated by either a QME (Qualified Medical Examiner) or AME (Agreed Medical Examiner). Then based on the percentage of disability rating and future medical treatment you may place a value on your case. Feel free to call us at 213.388.7070 for a freee consultation.