Legal Question in Workers Comp in Washington

workmans compensations settlements?

Hi,

I have a question. My husband has been on Workmans comp for almost 2.5 yrs. with 3 heirneiated discs in his neck. He has been categorized as a category 2. Several doctors have recommend him have surgery, but of course they cannot guarantee that it will make him better, and there is a chance of paralysis. My husband is not sure that he wants to do the surgery at this time. The workmans comp claims manager also has my hubby working with a vocational counselor. My husband is wondering is he entitled to a cash settlement if he has the surgery (fusing 3 vertebrae together)? What if he doesnt have the surgery, still a cash settlement? What if he chooses to not have a surgery now, and takes a cash settlement, is this a kind of injury he could reopen the claim for in the future if the need for surgery is still there in the future, even though he has accepted a settlement? Do you know how much the cash settlement would be for approx.? Can he go thru vocational training, and then choose later to have the surgery?

thanks


Asked on 9/19/05, 1:31 pm

1 Answer from Attorneys
Paul Bryan Paul W. Bryan, Attorney at Law

Re: workmans compensations settlements?

Thank you for your inquiry - Tough question to answer here, but in a nutshell your hubby is probably more than a Cat 2, which is 10% of total body impairment, which is around $130,000. or $13,000. Not much, really. Our lawmakers don't think a worker is worth much. He is more likely a Cat 3 (15%)but the claim has to close to get it. He can reopen only if it gets worse and he has to do it within 7 years of the closing. It is important to get a good doc if he is to have the surgury. He can work with a Voc and later opt for the surgury if it is still necessary to keep him employable. Be careful about vocational counselors - they work for the department and the employer. They get rating points based on how fast they can get someone off time-loss. Note I did not say back to work. It is good to have an advocate to watchdog them during this process so you don't get slammed. You may call me if you would like to discuss this further, my number is 1-800-599-9226. Best of Luck, Paul

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Answered on 9/21/05, 12:25 am


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