Legal Question in Workers Comp in Missouri
settlement hearing
I was injured at work and had surgery on my lower leg. I now have a returned to work and have a pre-hearing to discuss settlement. I do not have an attorney, and don't know if I should retain one. My employer's insurance company has been very cooperative. They took care of my medical expenses, and reimbursed a percentage of my pay. Now I am getting nervous about this pre-hearing because I'm not sure if they are going to try to low ball me on the settlement part. The doctor that did my surgery gave me a 7% disability, but I have no clue as to what that means. I have an appointment to get a second oppinion done, so that I can compare and present both at the hearing. I have been advised to go to the pre-hearing and listen to what they offer, but not accept anything. After the pre-hearing I'm to hire an attorney by the hour to review the settlement offer. If the offer is deemed fair, I will accept. If not, then I will retain an attorney and continue with legal action from there. I've never been through anything like this before. My question is, how much should I be expecting for my injury? And what does a 7% disability mean?
3 Answers from Attorneys
Re: settlement hearing
Under the new workers' compensation law, you must have your own assessment, from a doctor, to argue for more than the offer from the insurance company. Most injury victims have no idea where to go to get such an assessment. I agree that 7 percent is dreadfully low for someone with an operated leg. Remember that you get one opportunity to recover for your injury, and this isn't something which a lawyer can fix for you later if you don't get a fair result the first time! Remember also that workers' compensation is a compromise system- you don't have to prove fault, but the insurance company doesn't pay for your pain, discomfort, or the parts of your life that will change due to your injury.
I would recommend hiring an experienced attorney to represent you, and before you damage your case!
Re: settlement hearing
Get an attorney!! The 7% is by an insurance company doctor. It is a low ball figure. 7% is translated to 7% of the lower leg or about 10-12 weeks of lump sum payment or abot $3500. A plaintiff's attorney doctor can probably get you twice as much. I can help, feel free to contact me at [email protected]. I have 33 years of comp experience.
Greg S. Kessler
Re: settlement hearing
Beware of attorneys who only post responses on this site in an attempt to solicit new business. There is no doubt that the insurance company for your employer will do everything possible to settle your claim as cheaply as possible. They certainly would not want you to have an attorney. Whatever they have done so far, paying your medical expenses, paying you temporary total disability, and so forth, they have done because they are required by law to do it, not because they care about you at all. The insurance company has an absolute duty to its shareholders to save as much money as possible, and that duty is in direct opposition with your ability to maximize your settlement. I strongly believe based upon your injury and the insurance company's doctor's rating that you need to hire an attorney on a contingency fee basis before any settlement hearing. Your attorney will choose a doctor to examine you and review all of your medical records in order to provide a more realistic rating to use in settlement or at trial. I know one of the very best worker's compensation attorneys in the state of Missouri, and he will not take your case unless he is convinced that you will come out with more money even after his fees are paid than you would receive if you went through this on your own. It would be a mistake to take the approach you mentioned about hiring an attorney to review this on an hourly basis. With a contingency fee arrangement the attorney has an extra added incentive to get the most money for you because the more money he gets for you the more moeny he makes. Please feel free to call me and I will refer you to my friend. I'm sure that he will agree to meet with you and discuss your claim at no cost to you.