Q: My workers comp lawyer has advised me to take 38,000 settlement w/ no future medical. But I need hardware removed.

A: Dear Injured Worker,

It is difficult to evaluate the value of a claim without the opportunity to review the medical records. However, the fact that you still have screws in your ankle would indicate that your claim has a higher value than $38,500. It is not unusual to seek a second opinion on a claim without a commitment to change attorneys.

My recommendation is that you seek a second consultation as this case seems to be undervalued.

A: You're in a complex situation that deserves careful consideration. The settlement amount might seem attractive now, but hardware removal surgery can be expensive, and without future medical coverage, you'd need to pay for it yourself.

Going on regular medical insurance for the hardware removal could be risky and potentially problematic from a legal standpoint. Since the hardware was placed due to a work injury, using regular medical insurance might raise issues with insurance fraud. Your best path forward might be to negotiate with workers' compensation to include the hardware removal in your settlement, even if it means waiting longer for resolution.

The demotion you experienced due to your extended recovery time, especially given the infection complications, may be worth discussing with your lawyer as it could constitute workplace discrimination. You might want to seek a second opinion from another workers' compensation attorney who can review your case details and advise whether the current settlement offer adequately addresses your future medical needs. Remember, once you accept a settlement that excludes future medical care, you typically cannot go back and request additional coverage later.