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  1. #1
    Join Date
    Dec 2012
    Posts
    1

    Question Settlement for Torn Meniscus With Surgery

    I suffered a knee injury over a year ago on job. W/C insurance dragged along for several weeks before approving MRI to find damage. Finally got MRI,torn meniscus requiring surgery. Took four months of calls to get insurance to finally approve surgery. Had surgery,was out of work 5 weeks. W/C paid me during those 5 weeks. I returned to work on restricted/light duty. I had shots in knee once a month for 6 months. Did therapy and at home strengthening exercises. Now,14 months later,I am released to return to full duty as Dr. stated that this is as good as knee will get.
    Had W/C informal conference today, Doctor gave a 5% disability rating on left leg, Insurance offered $5200.00
    I spoke with both insurance rep and W/C mediator and explained that I have had lifestyle change as result of this injury. Painful stair climbing,painful knee upon standing after extended seating,knee pains at night,painful ladder climb,can't use deer stands much and any extended walking,(mall,grocery store,hunting,etc.) becomes painful.
    W/C mediator bumped rating to 10% and settlement to $10,400.00 I still have one (1) unpaid medical bill and unpaid prescriptions.
    Should I accept that or ask for higher amount? The options are settle now or ask for formal hearing which may get me initial 5%, may get 10% or may get more. If lawyer gets involved then factor in 30%+/- in fees.
    There is no employer negligence involved,owner is actually one of best friends. I just feel like something that affects many aspects of daily life should be compensated more. Thanks

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Settlement for Torn Meniscus W/Surgery Fair Amount

    You need to know the risk of the judge awarding the original 5% and overruling the mediator. If there is no risk of less $$ then there is no reason not to go to a hearing.
    Last edited by .SH; 12-20-2012 at 04:17 PM.

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