Legal Question in Workers Comp in Virginia
Surgery 1-28-09
I just had surgery Desectomy and the problem seems to have gotten worse and I developed additional health issues due to the anathesa, High blood preasure which will require additional medical attention. at which point do you think an insurance company will settle a claim?
3 Answers from Attorneys
Re: Surgery 1-28-09
Many of them are open to settling a claim at any time after being presented with evidence as to why they should settle. Have an attorney help you with this. Feel free to call me 434.847.4444 or email me ([email protected]) if you need further help or need a referral.
Re: Surgery 1-28-09
Based on my 35 years as a Virginia Workers Compensation Lawyer, I can tell you each case is different, each insurance company is different, and each situation is different. Thus, there is no set timetable for settling your case. I hope you have been able to get the Workers Compensation Carrier to cover the other health issues that have been caused by this surgery. If surgery has not helped you, you may need very expensive pain management. If the insurance is sure you are not going back to work and if the insurance company thinks you will need much more medical care, then the insurance company may want to "cut its losses" and settle your case. However, if you want to go on Social Security Disability & Medicare, you have to be very careful that any WC settlement does not prejudice your rights to those benefits. You need to talk to an experienced WC attorney about your options. You can review what I have said about this at www.virginiadisabilitylawyer.com.
Jerry Lutkenhaus
Re: Surgery 1-28-09
It is not a question of when; it is a question of how much are they willing to settle your claim. It takes both you and the insurance company to agree on the amount. I suggest hiring an attorney who handles workers compensation so you can get the most amount of money possible and have settlement negotiations with maximum impact. Another factor in settling is whether or not you are eligible for other benefits such as social security disability.A lawyer can also help you determine the consequences- both good and bad - of settling so you make the best possible choice. Injured Workers Lawfirm is committed to helping injured workers just like you, so if you would like my help, please call.
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