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Poll: your opinion with no liability please
Amount is good, settle.
Amount is low, hire the lawyer.
Get the second Dr. opinion they wont lower amount.
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Florida menescus surgery settlement opinion help. Future medical?
#1
I injured my knee in 2011 while securing toe board on top of a scaffolding to get it ready for inspection. In hindsight I am pretty sure we were not supposed to be doing this, and we probably were not properly on payroll yet to be covered. The part owner of the company was "helping me out" giving me a job so I felt a lot of guilt when I got hurt. I went to a Dr at a walk in clinic that he paid for by credit card where I was told at first I needed an MRI but after he came to speak to the Dr. The doctor changed his mind, gave me an xray and told me to stay off my knee for two weeks and come back to see him. My appointment got pushed back over a month but in that time I realized that the company was up to no good because they did not report it as mandated. I confronted them and insisted they file it and send me to a Dr. In the meantime I learned allI could of the process. He had me go back to the worksite and try to "work" for an hour and go to the Dr after I "reinjured" it. At first the insurance company looked at the whole thing funny and denied it. I kept my mouth shut & limited my answers on paper as much as possible. I let them fill out the paperwork as much as possible & never actually lied, I just agreed tentavely because I needed my knee fixed & I was scared if I did otherwise they would deny it.
Now 2 years later after finally getting surgery that did not heal quickly I have a knee that still swells, pops loudly and aches by the end of the day. I took jobs that I could sit down at but I cannot find them very easily. I have talked the insurance company up to 18,000 and verbally accepted. This is not going to include medical or retraining, from what I can find out I will have to sign up for disability to qualify for retraining. The insurance adjustor stated that rarely do they pay for retraining and 18,000 is $6,000I spoke the average statewide settlement for this type of injury & surgery. I had to have them change my impairment rating from 0 to 2% because from what I can tell that is just an automatic number if you had meniscus surgery.
I am on unemployment because my last sit down job let me go, not enough proficiency and I am worried that I would lose unemployment if I actually put on the form "can not do this, this or this" because the workman's comp doctor put me back on MMI and doesn't seem to think I have any limitations. I am going to go and start the application for disability in the morning & hopefully they can give advice on what not to do because the Florida Ombudsman is a joke. Her answer to every question is "we can not give legal advice". I need HER job! I don't want to settle and have disability tell me that I have to give up the 18,000 to them before they will help me & I don't want to sign on with the lawyer just to pay her 20% just to get the same result. I am a week away from having to make the choice.
1) Gamble, get the cash & pray physical therapy I pay for will help the knee & paying $9000 to finish physical therapist asst school (yes, I see the irony)
2) Go to a second opinion Dr. & hope the offer isn't lowered because I'm making a fuss in case he claims it's arthritis that wasn't caused by the accident.
Experience, strength & hope would be appreciated.. I can't find if I can make a cash settlement & still get treatment & the lawyer won't offer her opinion on the settlement unless I sign her contract.
 
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#2
you would be covered even if not officially on the clock if they had insurance.
sounds like the employer was without coverage at first and needed a "new" injury after he got insurance.
unemployment is available to those with permanent impairment.

P.S. if they were without insurance hopefully the carrier doesn't find out you were really injured before they had coverage and you are not entitled to anything and are participating in a fraud along with the employer.
now I can understand the real reason why you don't want an atty.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Bummerknees has had her knees done PM her and ask her.
........I love cats, I just cant eat a whole one by myself......







 
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#4
(07-11-2013, 11:41 PM)1171 Wrote: you would be covered even if not officially on the clock if they had insurance.
sounds like the employer was without coverage at first and needed a "new" injury after he got insurance.
unemployment is available to those with permanent impairment.

P.S. if they were without insurance hopefully the carrier doesn't find out you were really injured before they had coverage and you are not entitled to anything and are participating in a fraud along with the employer.
now I can understand the real reason why you don't want an atty.

Way to look at it from that perspective, I did my part legally. In every statement I have ever written I have mentioned that it was originally injured before, & to every Dr I have seen. Ignorance of the law is no excuse but I did what I was required to do, I reported it within my 30 day limit forcing my employer to either send me or I was going to turn him in. If the insurance company failed to read MY statement then I did nothing wrong. Even the original ER doc told them his opinion that this technically wasn't a workmen's comp case which made it take longer still for eventual surgery. The insurance company had my first MRI aged. If their is fraud here it's not on my part. I did everything I knew to do to not lie & I didn't ever. I went to work under the assumption I was working legitimately & I worked hard until I had an accident & now my knee is screwed up for life. If the best advice you have is to tell me I'm a fraudster then please spare me the judgement & have a good day. Thanks. Edit -- Didn't mean to so prickly but I agonized before I forced my employer to send me to a real Dr. He made sure that I knew/believed that he would lose a big contract with 300 potential jobs if this got reported, it was not an easy decision.

 
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#5
Never ever settle unless you have open medical with your settlement.

If you settle with a cash settlement your knee will never have medical with a health insurance company with the knee because you received a cash settlement on that knee.

How do you think you will pay medical bills with the little bit of settlement you are receiving?

Not for sure of the type of job you were doing but likely it was physical work and you do not have a healthy knee.

From the symptoms you have given it is likely you will have physical therapy and surgery in your future. One hour of physical therapy is $400.00, the last knee surgery and rehab I had was $100,000.00 in cost.

First, you need an attorney who will work for you, second, you need to be seen by a different doctor, one your attorney sends you to and find out what is really is wrong with your knee.

Third, get the medical treatment you need right now and worry about a settlement later, but when you do settle only settle with open medical.

My story.......
I was injured 2005, it took 5 months before I received medical treatment which was a surgery of the meniscus. I received 4 weeks of physical therapy, my case was closed with no medical, no restrictions and no rating.

Although I could hardly walk without the knee giving out which was about 12 steps then I needed to sit down.

The attorney sent me for an independent evaluation and filed for a court date, I went to court and my case was reopened.

To date I have had 4 surgeries of the bilateral knees and need one or two more. It was a long battle with 15 doctors involved. Although I will not go into to details. What I write is from experience. Message me if you have any questions.

Bummer Knees.
.................................................................................


(07-12-2013, 01:28 AM)Stinkeye22 Wrote:
(07-11-2013, 11:41 PM)1171 Wrote: you would be covered even if not officially on the clock if they had insurance.
sounds like the employer was without coverage at first and needed a "new" injury after he got insurance.
unemployment is available to those with permanent impairment.

P.S. if they were without insurance hopefully the carrier doesn't find out you were really injured before they had coverage and you are not entitled to anything and are participating in a fraud along with the employer.
now I can understand the real reason why you don't want an atty.

Way to look at it from that perspective, I did my part legally. In every statement I have ever written I have mentioned that it was originally injured before, & to every Dr I have seen. Ignorance of the law is no excuse but I did what I was required to do, I reported it within my 30 day limit forcing my employer to either send me or I was going to turn him in. If the insurance company failed to read MY statement then I did nothing wrong. Even the original ER doc told them his opinion that this technically wasn't a workmen's comp case which made it take longer still for eventual surgery. The insurance company had my first MRI aged. If their is fraud here it's not on my part. I did everything I knew to do to not lie & I didn't ever. I went to work under the assumption I was working legitimately & I worked hard until I had an accident & now my knee is screwed up for life. If the best advice you have is to tell me I'm a fraudster then please spare me the judgement & have a good day. Thanks. Edit -- Didn't mean to so prickly but I agonized before I forced my employer to send me to a real Dr. He made sure that I knew/believed that he would lose a big contract with 300 potential jobs if this got reported, it was not an easy decision.

 
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#6
Thank you.
 
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