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new incident during settlement
#1
Hi,

I have two workman's compensation claims involving injuries from two work related accidents (Feb. 2013 and Dec. 2013) that were offered settlement to me through my attorney. I work and live in the state of New Jersey. My hearing date for the Judge to approve the settlement agreement is on February 24th, 2016. On Feb 5th. I got assaulted by a client (along with police and two other co-workers). I work for child protection (dangerous job). Our employer made me and my coworkers go to workman's comp urgent care doctor to be checked. I was having severe spasms in my left arm and upper back/neck area that was previously injured and operated on in 2014. I told the doctor this was a previous injury and the client just aggravated the old injury. Now he wants me to go to treatment. I reported this to my lawyer just to make sure this would cause no issues with my upcoming settlement hearing. Now he is saying this could delay my hearing as the Judge can't make a decision on permanency if another injury happened. I disagree and don't feel my court date should be delayed. It is the same injury. It just got agitated due to the client hitting me in it. Answers are needed whether my lawyer is being dishonest or my hearing has to be delayed. Sad
 
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#2
Aggravations are considered new injuries.
If you don,t trust your lawyer consider switching.
Go to the hearing. The worst that could happen is that approval will be postponed.
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
(02-15-2016, 04:26 PM)1171 Wrote: Aggravations are considered new injuries.
If you don,t trust your lawyer consider switching.
Go to the hearing. The worst that could happen is that approval will be postponed.

Thanks, That's what I told him not to delay my hearing date. Like you said the worst the Judge can say is he can't make a decision until after this new injury (agitation) is done. I trust him, but feel he wants to delay due to possibly a higher compensation. I'm not looking for anything other than what is offered on my original injuries that I now live with.
 
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#4
it may help if you have a medical report that says the aggravation was temporary and that you've returned to pre-altercation status.
you can also put in the settlement documents that the amount and findings include any thing due from the 2/5 incident.
either of those offer the employer some protection from more benefits and should mitigate any hesitation on their part.
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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#5
(02-15-2016, 05:14 PM)1171 Wrote: it may help if you have a medical report that says the aggravation was temporary and that you've returned to pre-altercation status.
you can also put in the settlement documents that the amount and findings include any thing due from the 2/5 incident.
either of those offer the employer some protection from more benefits and should mitigate any hesitation on their part.
Thanks that's helpful and that is what I'm going to tell him and ask my doctor
 
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