Legal Question in Workers Comp in Massachusetts
i have crps after surgury from work accident was told ill probably have pain rest of life and need meds for rest of life. if insurance trys to settle whats a fair amount
2 Answers from Attorneys
Although I cannot say definitely, the insurance company will probably offer you less money than if you had an attorney. Please feel free to contact me if you would like to talk about the case. An attorney will only get paid if your case settles.
I assume you are talking about a Workers Compensation settlement. What is a "fair amount" in your case can't be determined without a lot more information. Basically, Workers Comp settlements are based on the degree to which you are disabled from earning an income, and for how long that is expected to continue. Complex Regional Pain Syndrome (formerly called Reflex Sympathetic Distrophy) is a very tricky and poorly understood condition; its effects can range from a modest nuisance to totally disabling, so how much of a settlement that might translate into depends on where you are along that impairment scale. Also, doctors disagree on what causes CRPS, so the WC insurer might contest the issue of whether your condition is "work related", which may also affect your "settlement value".
Also, if someone other than your employer or a co-worker was responsible for your accident--you don't describe what happened-- you will want to consider a "Third Party claim" against the responsible person. That claim could incude elements of damages that WC doesn't pay for, most importantly, so-called "pain and suffering".
I strongly suggest you speak with a lawyer who has handled cases involving CRPS/RSD before making any decisions about settlement.
Good Luck.