Visitor Question

Workmans Comp Lawsuit Involving Plantar Fasciitis…

Submitted By: Salvador (San Mateo, CA)

I was seen by a Doctor regarding my injury which occurred at work. My doctor has stated that this was a work related injury on my foot. I had surgery on my left foot and also have the same symptoms on my right foot.

I have already started a workmans comp lawsuit against my former employer. The case is at the end right now and the defense wanted to settle the case. They had offered to give $10,000 for my case. I also have seen a QMI doctor and my lawyer had told me that I should take the money because of the QME results.

The result from the QME stated that I have restriction because of my injury but it is not a permanent injury, that’s why the amount is so small.

My concern is the amount that they are offering is so small compared to the amount of suffering and change of lifestyle I have undergone to adapt to this injury. My question is, Should I take this amount and if not should I take this case further? Thanks.

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 Salvador,

Salvador:

The QME (Qualified Medical Evaluation) plays an important role in determining the extent of your injury and its resultant disability. If you choose not to accept the $10,000 settlement offer you will have set the case for trial before an Administrative Judge. There are issues you should consider before deciding to reject the $10,000 offer of settlement.

Going to trial has advantages and disadvantages:

– Accepting the $10.000 now in lieu of trial means you will receive a lump sum settlement now.

– The court has the legal authority to award you monies for future medical treatment.

– If your condition worsens within 5 years from the date of injury you will be able to amend your original legal pleadings and ask the court to award you additional amounts to meet the needs of medical treatment.

Some disadvantages are:

– Getting to trial can take months. In the interim you will not have access to the $10,000.

– Once you reject the offer all bets are off, meaning you start at $0 and will have to work your way up.

– At the conclusion of the trial you may be awarded more than $10,000, less than $10,000, or nothing!

Even if you prevail at trial, whether for $10,000 or any other amount you will not receive your money in a lump sum like you would have if you had settled the case. Instead the money will most likely be paid out in weekly amounts.

With the above issues in mind you should be in a better position to decide whether to challenge the settlement amount of $10,000, or to accept it.

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: April 6, 2011

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2 thoughts on “Workmans Comp Lawsuit Involving Plantar Fasciitis…

  1. I am in in a case were the workmans comp reps are deciding whether my claim for plantar fasciitis is covered by workers compensation. What can I do when my job consists of walking all day and I’ve been injured with constant pain?

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