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attorney for settlement
#1
Hi all.....

I am a resident of Maryland, but got injured while working overseas in Sept 2011, therefore, fall under the longshore. I had a total knee replacement with complications (the femoral component is slightly undersized, causing instability and other issues). It has since been recommended that I have a revision surgery, which I am not up for doing at this time. The workers comp insurance company has indicated that they would like to settle both the indemnity and medical parts of the case. They will not settle on without the other. They have given me an amount for the indemnity and have said that they will add money to cover the revision surgery, including rehab, meds and such. I have not been advised of an amount for the medical side of it.
The part that doesn't seem to get addressed is the fact that in 15 to 20 years, I will need an additional revision surgery, just because of the wearing out of the parts used. I am currently 52 years old. My doctor has said that in the report to workers comp, they can not address the need for requiring the revision in the distant future, only the one that is needed at this time.
I wanted to give a background of the injury, but my main question is only whether the amount of the settlement would change whether or not an attorney was used. Obviously the attorney would get their cut, but in general, is the insurance company fair in the settlement amounts, since the Dept of Labor has to agree to it, or does using an attorney usually get a larger amount.
Thank you.
 
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#2
there is no schedule or provision for atty involvement;
payments are based on benefits not on representation.

there is no universal answer especially as comp laws are different in each state and especially different under federal jurisdiction.
I suspect that complex cases with disputed issues are more likely to be litigated.
there is data that the longer that a case is in the system the higher they cost eventually and that litigated cases do keep claims in the system longer.
how much of those costs are for the litigation and how much are benefits for the injured is unknown.
I also suspect that simpler cases with few issues don't close for much more with an atty then without but finding accurate data to document that is difficult.
it probably depends more on the quality of the atty then anything else. bad attys can screw up a case just as easily.

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
I read an article that on average an injured worker with an attorney receives 30% more than those without.

I would not recommend settling without an attorney unless your injury is minor.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
I appreciate the responses. Thank you.
 
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#5
I would like to address the future medical with the knee replacement.

First you do not have a healthy TKR if a revision is already needing done.

They are different types of implants, mine is a Stryker gender knee for women. I have the surgery report with the numbers for my implant and parts in case of a recall. With the Stryker knee there are recalls in place.

The Stryker knee is a long lasting knee of 25 years or more.

Some knees out there only last 10 yrs

Another type of implant is the Ducan implant which has also had recalls.

It is important to know the m manfacture of your knee, and have the surgery report listing the part number of your implant and numbers of glue and other parts used in your replacement.
 
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#6
(06-10-2014, 04:04 PM)Bummer Knees Wrote: I would like to address the future medical with the knee replacement.

First you do not have a healthy TKR if a revision is already needing done.

They are different types of implants, mine is a Stryker gender knee for women. I have the surgery report with the numbers for my implant and parts in case of a recall. With the Stryker knee there are recalls in place.

The Stryker knee is a long lasting knee of 25 years or more.

Some knees out there only last 10 yrs

Another type of implant is the Ducan implant which has also had recalls.

It is important to know the m manfacture of your knee, and have the surgery report listing the part number of your implant and numbers of glue and other parts used in your replacement.

Bummer knees this is a VERY important issue you brought up. Product recalls do happen. It is always good to know for medical purposes WHAT was placed in your body.

I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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