A question about worker’s comp?

I got injured at work in 2004, which has progressively resulted in tennis elbow in both of my arms today. I had both arms operated on this year to try to correct the tennis elbow. I hired a workers comp lawyer to help me along with the paperwork and hearings and stuff about my case. She told me that 1 year after my last surgery, the doctor will assess the degree of disability left in my arms and assign a monetary reward, and that after that reward is given that worker’s comp is no longer responsible to fund my injury. Is this correct? My arms are still not healed and I may have a problem with this for the rest of my life (God forbid). What if I need further physical therapy in the future, or am forced out of work again because it is flaring up, they won’t take any further responsibility after funding a reward? I don’t even want the reward, I want my arms healed, but if they need further treatment in the future, I want to know it will be there. Please let me know. Thanks!

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  1. kellie w, 31 July, 2009

    It is different in every state, but I got money for my injury and scars in 2000 and I am still seeing a dr. I have had 6 surgeries from this injury since 1998. They are trying to get me to sign my rights away, but I am scared to, As long as you don’t sign an agreement saying they will have no more responsibilty,DO NOT LET YOUR LAWYER BULLY YOU INTO THIS, he is just trying to get his money now. If you do not feel comfortable, then don’t settle. Tell them you want to see a different dr if yours thinks it is better. They have to let you (atleast in NC). Good luck, I know how it is.

  2. Army mom, 31 July, 2009

    The workers’ comp laws have recently changed in many states. Unfortunately, they haven’t changed n favor of the injured worker.
    It all depends on what state you live in and sometimes, even what county you live in. If your lawyer is advising you about the limits of the coverage, it may be correct.
    what would happen if you don’t accept a monetary award? Is that like accepting a settlement in a civil case? If you accept it you may actually be saying that you won’t seek further compensation. Ask your lawyer about alternatives that will work in your favor instead.

  3. Jenn, 31 July, 2009

    Okay i am fighting workers comp right now because i tore my knee from hell and back….i waited and waited to get a lawyer but now that i have one its been great….well my job is treating me bad but i am getting my money and surgrey paid for…..If you are still having problems with your elbows they have to pay but if you get better and then they start to act up again then no they wont pay for it….so if i were you i would just keep going to the doc and PT in the long run you will win…..workers comp puts up a good fight but just keep fighting back

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