Legal Question in Workers Comp in Washington
Do I need an attorney because they are now evaluating my physical limitations?
I was injured at a job that I worked 15 years at,had to have back surgery on 3 lower discs. Been receiving workers comp benes and have been in physical therapy for 4 months.it has been a year in Junes since my operation. Two things my surgeon sent me to work light duty even though I complained about extreme pain, eventually I changed docs and was put into pt. I have a lot of limitations now as opposed to before when I was lifting up to 50 to 75 lbs frequently now limited to 10 to 15 lbs ..with pain if done for more than half and hour/knee problem developed when tryng to retrain me to lift differently to avoid back strain. Now knee a problem limiting me to lift safely. they are sending me to a 4 hour eval and I am sure they want to place me somehow.I wont ever be able to do my old job.and I am permanently partially disabled altho I am not sure the doc will state so..should I get a lawyer as they may be trying to close my case even though I suffer lot of pain still and now my knee is injured from the pt. What would be a good settlement for this'' I am a single mom.
also the doc that sent me to work
2 Answers from Attorneys
Re: Do I need an attorney because they are now evaluating my physical limitation
Your instincts are pretty good. Have they assigned a vocational counselor to you yet? Before they can close your claim, they have to be able to show that you are "employable" at something, which it appears is what they are doing now. Remember that they only have to show you capable of doing a minimum wage job. With the surgical history, you should have a permanent partial disability award coming at the end, but they aren't large and certainly don't make up for your lost earnings. The vocational counselor will look first to see if you can do any job you've done in the las 15 years. If not, and if you donn't have "transferable skills", then they will look at retraining you. Again, the training isn't a lot--52 weeks in duration and not more than $4,000.00 in tuition and books. The trick here is get as good a retraining plan as you can. As to the knee injury, you'll need to get your doctor behind you on that one, but it should be allowable.
Re: Do I need an attorney because they are now evaluating my physical limitation
Dear Mr. Keech,
Not necessarily. A typical attorney answer, but if you feel they are setting you up for a job you can't do or if you don't trust your vocational counsellor, or simply feel uncomfortable, you should at least talk to an attorney. Too many facts are needed to simply say yes or no. Same goes for a settlement amount. I would be glad to discuss your case at no charge. Thank you, Paul Bryan, Attorney 1-800-599-9226 or 360 698-9393
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