Legal Question in Workers Comp in Missouri
I'm a law enforcement officer and had my hip and pelvic broke when I was picked up and body slammed during training. The WC dragged their feet and I wasn't allowed to see a Dr. for weeks and weeks. I was actually turned away at the CAT scan by workman comp. When I was able to receive the X-rays, It was discovered I had three breaks. Surgery was not an option due to the amount of time that WC took getting me in to see a Dr. They offered me a settlement of 900.00 after five months of non weight bearing status and some therapy. Am I being low balled? It seems I am.
3 Answers from Attorneys
The offer of settlement does not appear to be based on any medical rating, or other indicia of your actual condition. Consult an experienced workers' compensation lawyer without delay. You need to become informed of all your rights as an injured worker. We are here to help.
The short answer is: Yes, you're being lowballed. Unfortunately, that�s very common (especially when you don't have a lawyer). If you�re not familiar with how case values are calculated under the Missouri worker�s compensation laws, they have you a huge disadvantage (and they know it). It�s like trying to get a good deal on a new car without knowing what the sticker price is: you�re such an informational disadvantage that it�s impossible for you to assess whether or not what they�re offering is a good deal or not, even if it IS a good deal. For example, I recently got hired by client who had been negotiating with the worker�s compensation carrier on his own. Within a week, I had the insurance carrier offering twice what their best offer to him had been.
While I obviously don�t have all the facts about your case, it seems based upon what you�ve said that your case is worth significantly more than $900. How much more, I can't tell yet.
I can help you with this if you like. I�m not allowed to put a phone number in here, but you can get it from my website. The actual value of your case is impossible to know from the small amount of information you've given, and would require a review of your medical records and possibly a doctor's rating. It depends on various factors including whether or not the fractures were displaced or nondisplaced, whether the delay in diagnosis/treatment caused any healing in improper alignment, any permanent Dr.'s restrictions, and a variety of other things.
I do wish you the best, whether you handle this on your own or through an attorney.
Please be aware that the statements and opinions provided above are just a broad informational service to the general public. Since this reply is based upon an incomplete description of facts, this email is not legal advice, and cannot be used as a substitute for legal advice from a qualified and fully-informed attorney. Also, these communications are intended to be the public, and this email does not constitute a confidential communication nor does it create an attorney-client relationship with Curran Law Firm or any of its members.
Rob Curran
Curran Law Firm
3516 South National Avenue
Springfield, MO 65807
www.CurranLawFirm.com
The above responses are very good, and I incorporate Mr. Curran's disclaimers. My colleague literally wrote the book on Workers Compensation law in Missouri. I would like to refer you to him if you are not already represented. Feel free to contact me for a free telephone consultation.
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