Legal Question in Workers Comp in California

How to settle for further medical treatment

Last October I was injured on the job. I have gone to over 10 doctors appointments and 23 physical therapy sessions and tried all prescribed medicines. There has been improvement, but there continues to be pain when I use my shoulder. At my last doctor's appointment the doctor assessmed my condition as one that should receive further medical treatment (but not a permanent disability) including therapy, doctor's visits, medication, and/or surgery. The adjustor agrees with this assessment. I no longer work for the company (and no longer have health insurance!) and he wants to settle my claim for a lump sum. My question is what costs are reasonable things for me to consider in requesting my settlement? Thanks for your help.


Asked on 8/21/05, 3:20 am

1 Answer from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: How to settle for further medical treatment

Three major issues are considered while trying to arrive at an appropriate lump sum for an injured worker. First, they look at your level of P.D., next, your future medical care and last, retraining.

However, without representation, the worker rarely does as well with his settlement because the doctors work for the employer and not the worker. There are no out of pocket costs for the injured worker to hire representation so it might be a good idea to contact my office and speak with me about your case. As such, please do not hesitate to contact me at 818.943.0462. Otherwise, good luck.

Best regards,

David B. Lupoff, Esq.

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Answered on 8/22/05, 7:26 pm


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