New to this

[sandee]

I just found this forum.

I have a WC injury. I hurt my neck in 2006, after one year of PT I finally had surgery. C5-C7 fusion. One week after my surgery the screws on my plate came lose. My surgeon dragged me along for almost a year. Finally my employer send me to an IME (Independent Medical Evaluator). He was suppose to tell me that I can go back to work but the bad news he gave me was that I needed 2 more surgery's. One to fix the plate, (which was to take the old one out and to put a new one in). In addition I needed more surgery to support my neck. The third surgery was done from the back on my neck and 6 more screws where added. I choose the IME surgeon my company had send me at to perform the 2 surgery's. With success. I'm ready to go back to work after almost 3 years.

I have 2 questions.

1) My claim is in IL and I would like to find out if there is a formular to calculate my settlement $$$.

2) I would like to find out what would happen to my settlement with my employer if I file for a malepractice lawsuit against the first sergeon who told me for almost a year that I was fine after my first surgery. My first surgeon should have done a revision surgery soonest the screws came loose and I was not fusing. Instead I was missable for 10 month and now have added hardware I have to live with for the rest of my life.

[Cycler]

HI,
Those are really questions for a qualified atty but I don't believe you have a basis to bring a malpractice case against the first surgeon as the outcome would have been the same had he elected not to pursue a watchful waiting course of action and re-operated earlier. A call to one of your local malpractice attorneys should inform you of your chances pretty quickly and your workers comp atty would know how your state works in such settlement matters.

[1171]

no not a formula; in legal terms it's called a precedent. your case is compared to what others in similar circumstances received. comp has many benefits and there are calculations used to compute some of those components.
the costs of the claim including any settlement amounts would be deducted from the proceeds on a third party action.
on a legal website or dictionary look up the term "subrogation".

[Still in Limbo]

Hi Sandee, and Welcome to the Forum!! If you are Healed and able to Return to Work with No Restrictions, a Settlement May only be for the Visible Scars Left on Your Neck, if any. as far as Malpractice, an Attorney can Surely give You the Best Answers, and You May want to Discuss any w/c Settlements with an Attorney dealing with w/c. I wish I had More Info. for You, I'm Sure Someone will be on from Your State with More Info., and Best of Luck!!