I had a forklift accident that resulted in L4-L5 herniated discs, and T7-T8-T9 protruding, after an unsuccessful discectomy, i am now under severe permanent restrictions, i tried returning to work twice already and the pain is horrible, the insurance is no longer paying me to be out of work even though i have a note from my doctor saying i need to see a pain management doctor and should remain off work until i have receive treatment, since my employer has created a position to accommodate my restrictions, my lawyer says legally they no longer have to pay for more treatment or pay me while off of work, he told me that there are only 2 options which is to settle and he can ask for 30% men as a whole, his math was about $80k minus his 20%, the other option is to go to trial and let the judge decide which he doesnt seem ok with for some reason, i can not work due to the pain, i really need to get treatment and maybe imaging for potential further damage as i have been in a lot more pain since i returned to work the last time but my doctor says i have reached MMI and doesnt recommend anything else and wont either order another MRI to see if there is more damage. What can i do?
I agree with all the answers, especially the longer one by Mr. Hoffman.
In the best of times you would have to have your doctor(s) testify that you need the pain treatment and then the other side would have their doctor testify that you don't. Then you would have a hearing to prove that you need it. Then it would take about 3 months to get a decision, which might be followed by an appeal. You would get a decision in about about 2 years after you decided to start the whole process. During this time you would be without benefits.
Then you would (if you won) get temporary disability and then see if you could work.
After you saw whether you could work, then you would have to have a hearing on permanency. That would be even more years from now. That might entail many or most of the factors that you presently have anyway.
This is an unusual time. Like Mr. Hoffman said, it is unlikely that the Workers' Compensation system will get back to normal for quite a while. It is unlikely that the timetable given above would be remotely correct. It will take longer to get doctors' depositions and longer to get a hearing. So, only your lawyer can tell you what the facts of your particular case may require. Ask him.
It is all about what you can prove. It is also about time and money.
The IWCC is closed for the foreseeable future due to COVID-19. Maybe, if things get lucky, it reopens in mid-April. Maybe, with the backlog and everything, you can get a trial date by the end of the year. Maybe if your lawyer spends a few thousand dollars to depose your doctors you can go to trial.
And then you have to hope the medical convinces the arbitrator. Or that the other side doesn't ask for review, possibly delaying the case for years.
Remember, there is also the option of a PTD, or permanent total disability.
But your lawyer has weighed these options.
Ask him why.
You have plenty of time to ask now and so does he.
I agree with Mr. Shell you need to sit down with your attorney and discuss how he has come to the conclusion of what your case is worth getting a new one is not a good idea and often results in multiple different lawyers in an attempt to get to the best one.
You need to discuss this with your lawyer. Starting over with a new attorney is always difficult and prolongs your case.
You may want to discuss whether this is a sham job offer, or how your duties have changed with this new job. Those could change the offer.
Also, we are not doctor’s. We cannot tell you to get an MRI. If your treating doctor will not recommend any further treatment there is not much we can do. Talk to your lawyer to find out if there is a second opinion available to you if you are not happy with current treatment.