O
okwriter
Guest
My husband was injured at work 3 years ago. He was treated that night, missed no work, and his employer paid the medical bills. The employer did not provide a state claim form for him to complete and he didn't know he was supposed to fill one out so it wasn't done.
About a year ago he began experiencing alternately pain and numbness to the affected area. He suffered for six months then asked the company (he still works for them - still no lost time)if he could seek treatment. They agreed.
After xrays, MRI, and physical therapy the specialist recommended against surgery and during the next appointment will test to determine the degree of disability.
My questions are
(1) Since they are again paying the medical bills, does that mean they have legally re-opened the claim and that he is entitled to a permanent partial disability settlement?
(2) Do we need to fill out the form NOW,even though this is a continuation of a 3 year old claim?
(3) By settling, does that mean we are responsible for future medical costs? (i.e. if surgery is performed later) In other words, should we factor that possibility into a settlement?
(4) Since he will probably have some degree of pain every day of his life (he's 40), is this type settlement still made within a workers comp court?
(5) Do we need an attorney OR or should we just ask for a certain amount of $$/per day based on life expectancy OR does a judge decide based on my husband's earnings?
(6) I understand we don't have to prove fault, but this is a Fortune 500 company and we believe they will have top-notch legal beagles. Are their attorneys allowed in court and what (if anything) do they argue if we don't have to prove fault?
We had hoped the doctor could do surgery as he would rather live without the pain than to have any amount of money. He is tired of seeing doctors, however, and is anxious to settle this and get on with life. Once the doctor determines the degree of disability, what will be the most expedient way to proceed and put this behind us?
About a year ago he began experiencing alternately pain and numbness to the affected area. He suffered for six months then asked the company (he still works for them - still no lost time)if he could seek treatment. They agreed.
After xrays, MRI, and physical therapy the specialist recommended against surgery and during the next appointment will test to determine the degree of disability.
My questions are
(1) Since they are again paying the medical bills, does that mean they have legally re-opened the claim and that he is entitled to a permanent partial disability settlement?
(2) Do we need to fill out the form NOW,even though this is a continuation of a 3 year old claim?
(3) By settling, does that mean we are responsible for future medical costs? (i.e. if surgery is performed later) In other words, should we factor that possibility into a settlement?
(4) Since he will probably have some degree of pain every day of his life (he's 40), is this type settlement still made within a workers comp court?
(5) Do we need an attorney OR or should we just ask for a certain amount of $$/per day based on life expectancy OR does a judge decide based on my husband's earnings?
(6) I understand we don't have to prove fault, but this is a Fortune 500 company and we believe they will have top-notch legal beagles. Are their attorneys allowed in court and what (if anything) do they argue if we don't have to prove fault?
We had hoped the doctor could do surgery as he would rather live without the pain than to have any amount of money. He is tired of seeing doctors, however, and is anxious to settle this and get on with life. Once the doctor determines the degree of disability, what will be the most expedient way to proceed and put this behind us?