Q: I want financial compensation for my claim, plus medical coverage. I already had permanent disability approved.
They want to pick up medical only. I had cervical fusion C3-C7, 3 plates and 6 screws. Bilateral severe carpal tunnel syndrome, had both surgeries, and bulging disc L1-L2 with severe degeneration and stenosis that I haven't had surgery yet. Court is in November, they are not offering financial comp, emotional distress, depression from being bed ridden for over a year. What can I do? Do I have the wrong attorney?
A:
Workers' Compensation in Pennsylvania does not cover pain and suffer, emotional distress and many other forms of damages that you would potentially receive in a personal injury claim. Workers' Compensation in most cases only covers loss of wages and medical bills directly related to the work injury. Furthermore, any lump sum settlement would be to resolve future benefits, so you would not receive a settlement and ongoing benefits.
As to your attorney, no one on a forum such as this can say whether or not they are handling the claim correctly. There are many legal and factual components to this type of claim that would need to be considered. I would suggest that you schedule an appointment with your attorney and bring a list of all your questions to this meeting. You may find that there are good reasons why they are making certain choices that are actually beneficial to your overall position. Bottom-line is that not everything that is true can be proven in a court of law, so sometimes you are better off pushing your stronger points rather than offering positions that you cannot fully prove.
Glenn Neiman agrees with this answer
A: From the information we have, it would be impossible to determine if your attorney is handling things properly or not. I agree with Timothy - I would urge you to schedule a meeting with your attorney, so you can understand your case better. I suspect your attorney is already seeking the wage loss you are seeking, but meeting with your attorney can answer that question for certain. Good luck!
Timothy Belt agrees with this answer
A:
presumably you are getting your medical bills paid. Gven the extent of your injuries it doesn't make sense to give up your right to medical coverage in a settlement (compromise & release).
The compensation you get is tied to your wage rate. So you won't get pain and suffereing, etc.
Depending on how the injury happened there may or may not be other people to sue for that. Suggest ou sit down to speak with the attroney handling the case in person to discuss these issues.
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