Q: How much can I get from a back injury at work through a settlement with works comp?
Benefits stop due to positive drug test a year later on a docs appointment and benefits were cancel..now I have a hearing and they offer if I want it to settle
A:
It depends on whar the employer is willing to offer, how much in benefits they have exposure for, your TTD rate, severity of the injury, and likelihood of prevailing at the hearing, among other factors. An evaluation would require review of your records and probably conducting some discovery.
You would benefit from consulting an attorney in person.
A: You have a tough situation. You indicate you failed a drug test and your benefits were suspended. I assume the insurer is contending you failed to comply with medical care by taking illegal drugs. At the hearing the insurer will document this by providing the report from the Doctor. Unless the Doctor is willing to re-test you it may be difficult to "cure" this non-cooperation with medical care.Your benefits are "only" supposed to be suspended during the period of the refusal. One big issue is the severity of your disability. You would need to consult an experienced workers compensation lawyer to review "all" of the details of your situation.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
