Q: Am I entitled to a settlement if I can’t go back to work for a worker’s compensation injury?
I have a torn meniscus from an injury at work. My work is as a fitness instructor and there are no hours that aren’t full out physical work . My knee is not doing well and I am wondering how best to be prepared if I can’t go back to work . It’s a tricky thing because the doctor haS approved me at 50 percent disability yet I can’t do anything that my job requires since it’s high level training and they said there is no non physical work to give me . I can’t even walk up stairs comfortably but was told they base the disability level on “normal” activities and not on what my job entails. I’m wondering if I may be entitled to a settlement if my work is forever halted because of this injury . I have been in dance and fitness for my entire career. Is there a general law around workmans comp and permenant injuries limiting work ? ...or is it individual to the specific insurance agreement of my company etc..
A: An experienced workers' comp attorney should address your question, but it remains open for four days. One option at this point is to reach out to workers' comp attorneys to discuss file in detail. Many WC attorneys offer free initial consults. As with other injury-related claims, workers' comp claims can involve determinations based on findings of IMEs (independent medical exams) conducted by insurance carriers. However, experienced workers' comp attorneys also exercise measures in advocating the rights of claimants, such as requesting new IMEs, appealing determinations denying surgery, etc. These files are often complex and better suited to detailed discussion than quick Q & A board-type responses. With COVID, many WC firms offer virtual consults. Good luck
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.