Q: I suffer severe neck and back head injures for 7 years. The case was settle . Worker Comp and the lawyer fee told most
Of the settle left me with pennies.
My Head and neck and back injuries is still on going. After 7 years of treat my injures are not getting any better. I am afraid that Workers Comp is going to cut my medical off! The doctors told me that I am going to suffer pain for the rest of my life! Worker Comp has not cut me off!
What can I do!
Also can work comp with future medical deduct my pension , social security , and 401 k!
I have 12 until I can retire
A:
It sounds like you either settled the wage loss portion of your claim and left the medical open or you settled a third-party claim. I am not sure what you mean when you say that workers' compensation and the lawyer took most of your settlement since workers' compensation would not take any of a workers' compensation settlement and your lawyer would only take 20% leaving you with 80%. If there was a third party settlement then the workers' compensation carrier could recover any money they paid out of that settlement.
As to your question, if workers' compensation continues to pay your medical bills, there is nothing for you to do. If at some point they try to stop your benefits, then you have to litigate your entitlement. In regard to just medical benefits, that will not impact your pension, Social Security or 401k unless you try to settle the medical portion which would require Medicare pre-approval if you are Medicare eligible. If there is still an entitlement to wage loss benefits, the answer could be different.
It sounds like you have a rather complicated case. The above answer is just general information. If you want an accurate analysis of your legal rights, you should sit down with a competent workers' compensation attorney to discuss your claim in detail.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.