Visitor Question

Low ball offer for pre-existing condition?

Submitted By: Tom (Indiana)

I worked for a cola company for 36 years. I am 61 years old and have had three previous back surgeries due to my job (the last surgery was in 2012). I returned to work until Feb 2013 at which time my back again had problems.

Workers comp sent me to two doctors, both of whom said I didn’t require surgery at that time, so I went through therapy the doctor ordered. I tried to go back to work but that only lasted a week, at which time workers comp ordered an FCE test.

I failed to test good enough so it put me out of a job. Now workers comp said I had a pre-existing condition and they offered me $1,400. Is this correct or are they liable to settle a larger amount with me as I am no longer able to work?

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 Tom,

$1,400.00 dollars seems unconscionable, especially for the pain and suffering you’ve endured and seem to continue enduring.

There are some workers compensation claims which can be handled without an attorney. Yours doesn’t seem to fall into that category. Gather all your medical bills, medical records, and copies of any other costs you expended in relation to your injury.

If a friend or family member has had a good experience with a certain workers compensation attorney you might want to start there. Most workers compensation attorneys do not charge for an initial office consultation.

Your attorney will be able to challenge the settlement offer and negotiate a higher amount. If necessary your attorney will be able to contest the matter in a hearing. Workers compensation attorneys only receive a percentage of your settlement or administrative award. That amount is set by law.

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: August 27, 2013

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