Legal Question in Workers Comp in Missouri
What would a fair settlement be to ask for after a work related injury that resulted in an anterior cervical disectomy and fusion surgery and arthroscopic surgery?
3 Answers from Attorneys
That is a huge injury, and work comp typically underpays large injuries and overpays small ones. The problem you have is that without a rating from a doctor on your side, the judge can ONLY approve a settlement based on what the insurance company offers. If that offer is unfair, the judge would tell you before the law changed in 2005. Now if he says anything, he gets fired, so they rubber stamp all settlement requests. The system used to be geared towards settlement without an attorney, but those days are gone.
I have my clients reviewed by a physician and a report as to disability, giving them the benefit of the doubts. Without seeing your records and understanding the post surgical status of your injuries, it is impossible to tell you what a fair amount would be. However, like most injury lawyers, I would be happy to discuss the matter with you further without cost or obligation.
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You have had a very significant injury. In order to get full value for your injury, you should be evaluated by an orthopedic specialist who is NOT chosen by the employer. Your attorney can arrange such an evaluation. That will give you peace of mind as to whether you will need future medical treatment, and you will receive a proper impairment rating. Consult an experienced workers' compensation lawyer. We are here to help. There is no charge for the initial consultation, and there is no fee until a recovery is made on your behalf.
Hi. I am sorry to hear about your injury. I am a Missouri attorney that practices almost exclusively in the areas of workers' compensation and personal injury, and I handle claims in your area. As the other attorneys here mentioned, the amount of your settlement will depend, in large part, on the level of continuing, or permanent, disability that you are determined to have by a examining physician. The calculation of a settlement amount is based on what your average weekly wages were prior to your injury and the disability amount given by a physician, which is usually expressed as a percentage (10%, 20%, etc...). I would be happy to explain how the calculation is made and provide you with some estimates, so that you can determine what an appropriate settlement figure might be. For your convenience, you can reach me by e-mail if you prefer, at [email protected]. Or, feel free to call at 314-471-5585. Evenings are acceptable. Thank you.