Workers really need to make sure they properly assess any back-to-work restrictions the doctors impose for settlements – in cases where the worker can return to work with some physical restrictions. In this scenario, the lawyer and worker have calculated the reasonable future comp payments, and future medical costs and any other costs.
Case 1 – the worker thinks he can easily manage the back-to-work restrictions. Here, the worker may be flexible and agree to take much less than the calculated figure because the risk of needing more money than the overall sum is small. In other words, the worker is confident he can continue to earn a good sum at a new job and may even secretly already have something lined up post-settlement.
Case 2 – the worker thinks the restrictions are not restrictive enough, which means the worker thinks he/she can’t do the job even with the restrictions. Here the worker will want to fight for every dollar he/she can get. In this scenario, the worker may opt not to settle and just continue getting regular workers compensation checks and medical payments until he/she is more comfortable making a decision and/or seek a second opinion or Independent Medical Examination.
Workers who believe they are totally disabled from all work may also consider applying for SSDI (Social Security Disability). You CAN obtain SSDI and a workers comp settlement IF the proper language is included in the Settlement Agreement and Order. In any event, this should not be done without the consultation of a workers compensation attorney. Filing for SSDI and staying out of work with improper timing could destroy your hopes of settlement.
Call Injured Worker Lawyer Joe Miller Before You Return to Work
Before a North Carolina or Virginia injured worker settles a claim, he or she needs to properly evaluate his/her medical problems. Do you really trust the doctors who said you could return to work with physical restrictions? How do you know if you can work with these limits until there’s a job for you? To get answers to these questions and make a just settlement, contact Joe Miller Law at 888-694-1671. He’s helped thousands of injury victims. You can also submit the online form or email him at jmiller@joemillerinjurylaw.com
