Q: Was injured at work. Had surgery. Was on comp 3 mo. Back to work for 11 mo. Have an attny.
Dr said only option for better function in hand is second surgery, which has a 70% chance of not working. Not really wanting to get cut open and go through pain and pt again. Is it time to settle, or will they offer me nothing since i am working? This whole process seems really unfair, since i do have permanent nerve and tendon damage. What should my next steps be? My attny never contacts me and i have never physically met the guy.
A:
You can settle at any time, but settlements are voluntary, so both sides need to agree on a number. Furthermore, in most cases as part of the settlement you will be asked to resign your current job, and finding another one with ongoing limitations could be difficult. You are correct that your return to work will potentially reduce settlement value. This of course depends on how badly the workers' compensation carrier wants to get rid of your case and whether they believe that you will go through with another surgery that they would have to pay for.
I would suggest that you contact your attorney and demand an appointment to discuss your options. If your attorney will not return your calls or meet with you, you really don't have an attorney. You should also be aware that you are free to change attorneys at any time, but in my opinion you are better off trying to work things out with your current attorney first since he already is familiar with your file and will not have to play "catch-up" like a new attorney on the case would.
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