Legal Question in Workers Comp in California
torn meniscus in knee what about re education benefits
i am currently approaching 3 months since my injury,my knee has a large tear in the meniscus,according to the doctor.i am scheduled for arthroscopic this next week.my main concern is that i may not or should i say should not return to my previous line of work which requires you to climb telephone poles and under houses,which is how i sustained my injury.the doctor told me i should fully recover but who really knows.i averaged over 70k per year for the last 2 years.is that number a factor in a settlement ammount?should i even expect to receive a settlement if the doctor says i will fully recover?if so what exactly is the formula that is used for that calculation?thanks for your help
1 Answer from Attorneys
Re: torn meniscus in knee what about re education benefits
The value of your claim is not directly based upon wages but it is a factor in as much as the percentage of permanent disability is based upon your job title. Your doctor will state what you are no longer able to do, called "work restrictions" in his permanent and stationary report. The problem with having your treating physician determine your work restrictions, however, is an innate conflict of interest, and some doctor's overinflated estimation of their own work. Some surgeons always seem to claim a complete recovery dispite what my clients tell me of their post-operative condition. If you have been on TTD since summer and do not have representation, you need to obtain representation immediately. When you are deemed permanent and stationary it is critical to your final award to have your work restrictions opined by a doctor who is applicant oriented, and not one on your employer's insurance company payroll. The worker's compensation system is very adversial. The insurance companies will get away with anything they can. They will pay you the minimum on your claim unless you obtain representation to protect your interests. The worker's compensation insurance companies have attorneys, why don't you?? Call me directly at (619) 222-3504.