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  1. #1
    Join Date
    Oct 2016
    Posts
    1

    Default S1-L5 Herniated Disk Settlement Time

    Hi, I've been browsing the forums here since I reopened my work comp case March 2016. I have a few questions I hope someone can clarify for me.
    I was injured November 2015, I injured myself lifting and was sent to their doctor, who sent for me to get an x-ray, and diagnosed me with sciatica, priscribed pain meds, anti-inflammatories and referred me to physical therapy. After around a month of physical therapy they said I was good to return to work with work restrictions. After working for three days, my pain increased to the point where I was at the point of tears, the manager wasnt flexable and refused to switch my job to something more manageable. I had to take days off to recover and I eventually lost my job due to this.
    A couple months later I moved and my pain started to become debilitating, constant ER visits until I saw a doc who got me an MRI and found out I have a herniated disk. I then reopened my work comp case, got an attorney.
    To make a long story short, I had a microdisectomy a few weeks ago. The defense attorney of course denies any responsibilty for my injury. I have court on February 2017.
    Generally injuries aren't given MMI status until after 6 months after treatment.
    So, what will the judge likely do if the case does end up going to court and I dont have MMI?
    I've already done interrogatories, no deposition yet. Do you think they'll offer a settlement before court? When I was receiving comp checks, they were around $730. I know this is a classic question on here and there isnt enough information on my case to determine it, but what is a likely guesstimate of what I can expect for a settlement?

  2. #2
    Join Date
    Oct 1971
    Posts
    4,546

    Default Re: S1-L5 Herniated Disk Settlement Time

    Gurdjieff
    , but what is a likely guesstimate of what I can expect for a settlement?
    It's impossible to guess, and that's if you win your case.

    Settlements aren't based on the type of injury or treatment.
    They are based on your final impairment rating, your age, your education , your employers ability to accommodate, the job market in your area, your restrictions and other factors.
    You'll have to wait and see how the facts play out, your lawyer wouldn't try to guess at this point and he knows the details of your case.

    Tony
    Moderator Responses are based on my personal bias, experience and research - they may not be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    3,610

    Default Re: S1-L5 Herniated Disk Settlement Time

    If that portion of your case is denied, the current settlement value is probably zero. They don't owe you anything presently, right? Judges don't give you a "settlement," which generally means a "negotiated full and final resolution to the case." But a judge can give you an "award" of benefits. That can in turn lead to a settlement.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

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