Visitor Question

Compromise and release after full disc replacement with daily pain?

Submitted By: Rae (California)

My neck was injured at work due to lack of headsets (provided by the Court). I worked for for 3 years. I had to have a full disc replacement at c5-c6 in 2010.

The insurance company is offering a “compromise and release” (unknown amount), but I am still taking pain relievers to ease the pain I have each day.

I see my family physician as scheduled every 3-4 months, and continue to experience pain each day. I know I will need future surgery. My surgeon told me after 10 years, they are not aware of how patients do with the disc replacement here in the U.S.

I’m not sure if I should settle, and I have no idea what the offer would be.

My attorney tells me I’d be lucky to receive $35,000.00 total, minus the 15% she deducts.

The surgery alone was over $75.000.00. What can I do to get more money? How can could they only offer less than half of what my surgery cost? It seems wrong.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Rae,

It is our policy not to interfere with the attorney-client relationship. To do so would be inappropriate. Your interests would be best served by heeding the advice and counsel of your attorney.

Generally speaking, compromise and settlement agreements pay an amount which justifies future medical, therapeutic, and out of pocket expenses for medications, costs of transportation to and from treatment, etc., and an amount representing the injured worker’s lost wages. You seem to suggest you would like an additional amount to compensate you for your pain and suffering.

Unfortunately, workers’ compensation does not pay any amounts for the pain and suffering of an injured or disabled worker.

The only way for an injured worker to receive a maximum amount of compensation is through negotiation with the insurance company. To do so, they must be able to convince the company that the costs of future treatment will be more than the insurance company currently projects.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 30, 2014

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