Legal Question in Workers Comp in Missouri

my husband had ACL surgery and bone plug surgery from a knee injury on the job. The employers attorney said that they can offer him $2, 800. They have not gotten the % disability back yet. Does this sound like a fair amount? We thought it would be more.


Asked on 11/18/10, 9:43 am

3 Answers from Attorneys

Spencer Farris The S.E. Farris Law Firm

Call an attorney now! Although workers compensation used to be set up to handle your claim without an attorney, that all changed in 2005. Now the judge won't tell you if the offer is too low, and will approve whatever you agree too. More importantly, if you push the matter to hearing, the judge will consider the (low) rating that your employer gets. If you don't have a rating, that is all he will see and you will get that amount. A qualified lawyer will have you out to a rating doctor.

2,800 sounds low for what he went through. Call my office without charge or obligation, if you want to discuss the matter. If you DO hire a lawyer, make sure they give you the guarantee that they won't charge you if they don't get more than 2,800 for you. My firm would make that guarantee daily, and if we couldn't do better, you wouldn't pay us, but you would still get the peace of mind that an attorney helped with the case.

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Answered on 11/23/10, 10:55 am
Michael Harvath Harvath Law Offices-INJURY case representation

Hi. I am a Missouri injury attorney that focuses my practice almost exclusively on workers' compensation claims, and handles cases all throughout the state. I am sorry to hear about your husband's accident.

Although a few more details would be necessary to provide an accurate assessment of the approximate value of your husband's claim, we have settled ACL surgery cases for somewhere in the range of $15,000-$20,000 in the past. However, his claim could be worth more. One of the important issues to know is whether he has any on-going pain, weakness, or restrictions in the activites that he can perform. This can increase the value of the claim. We have a doctor that rountinely reviews employees whom have suffered knee injuries, and provides an independent evaluation of what level of disability is attributable to the injury. Our firm covers the costs of the independent evaluation.

Also, your husband is entitled to additional benefits for any time missed from work due to the injury, and this could be determined as well by reviewing his wage rate and the amount of days he has missed.

In any event, for your convenience, I can also be reached by e-mail at [email protected] any time of the day or evening. Thanks.

NOTE: This answer is for educational purposes and does not constitute legal advice. The use of this site does not create an attorney-client relationship or privilege between the user and the attorney responding.

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Answered on 11/23/10, 11:53 am
Michael R. Nack Michael R. Nack, Attorney at Law

Please feel free to contact me if you do not already have an attorney. I can refer you to one of the very best worker's compensation attorney in the state. He will agree to meet with you and review your case with you with for no charge. I believe that he will be able to help you obtain a good deal more compensation even after his fee is paid then you could get on your own.

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Answered on 11/25/10, 1:25 pm


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