would you recommend getting an attorney

[badkneenc]

I have a couple of questions. For a workers compensation hearing/settlement would you have an attorney represent you or just go it alone? Anyone know what the formula they use for figuring out the settlement based on percentage of loss? I have a medial tear in the knee which was operated on over a year ago. the nasty/burning pain is gone but still can't run or stand on a ladder for no longer than a minute, still have residual knee pain/burning. Was told by the doctor who operated on it that it would never be 100% and it is not. Just looking for some advice to which way to do. Settlement hearing is coming up soon and I'm worried about the long term. thanks

[bagpussinamerica]

Hi. I wish I had some better answers for you, but someone will come along with better information I am sure. I don't know your state so can't be sure of what AMA edition that they are using. Most of the states are using the 6th edition and it is pretty precise about how they rate conditions. Pain, in of itself, is not on the list of biggies. You could probably google the AMA 6th edition along with your diagnosis and treatments. You might get some idea of what to expect. Honestly. The doctor who sees you will take down all of your statistics and go over the form that you were sent to fill in and return to them. You are asked to go through some movements, etc. If you ask, they can go through the section of the AMA that is pertinent to your condition. But you may need to ask about it. I was lucky in that I had the doctor who was checking me out was very willing that I understand why she rated me in such a way. Personally she would have wanted to rate me with a higher number in disability, but the AMA guidelines kept her hands tied. I will try to search out the web site that I found that helps you to understand the 6th edition and where you might end up. Might take a few days since I am using a different computer now. Take care and be well.

[bagpussinamerica]

Sorry. I didn't answer the one question. You might be better off having an attorney to help you through the guidelines and fight from your corner on possible settlements etc.

[1171]

depends on your state as to whether litigation can make a difference and how disability is determined. Each state has it's own comp system. whithout knowing yours your questions can't be answered.

[Bad Boy Bad Boy]

When you say medial tear in the knee, there is a way better meaning to this. One that you need to explain better, as it could mean one of few different things.

Meniscus Tear or Cartilage Tear? (EXAMPLE)
Both the covering of the bone within the joint and the meniscus are made of cartilage--this makes the issue a little confusing. People often say 'cartilage' to mean the meniscus (the wedges of cartilage between the bone) or to mean the joint surface (so-called articular cartilage which caps the ends of the bone).
When people talk about a cartilage tear, they a talking about a meniscus tear. When people talk about arthritis and wear of cartilage, they are talking most often about the articular cartilage on the ends of the bone.

[Still in Limbo]

When being at the Settlement Point, I would Suggest an Attorney, as You will be Dealing with an Attorney from the Ins. Co.. Unless You are Fully Versed on the Wordings, such as the Medical Terminology, Monetary, Future Medical, Uticka Mohawk Language if the Settlement is Large enough, SSDI Info. if Needed, then You should be O.K.! There is a lot Involved in a Settlement, unless Your Injury is a Very Small One and You are Back to Work, and just want to be done with it, then I would See no Need. Best of Luck, I Hope All Goes Well.

[Bad Boy Bad Boy]

If you don't know or understand the Medical Term for your injury, and the Insurance Attorney knows it well, your going to have problems.

If you don't know all the issues that come into play in the hearing, your going to have problems.

If you don't know that your getting the correct rating, or a Low Ball rating, your going to have problems.

If you don't know if you will need medical treatment in the future, or you do know, how are you going to handle that, if you don't know, your going to have problems.

[badkneenc]

Meniscus Tear was the diagnosis, and a repair attempt was made to minimize the tear. there was no "repair" that could be done just smooth out/remove the torn material. The state of injury is new york. I moved to another state I am worried about future problems, if the tear worsens and I become fully unable to work. I'm still working now just dealing with the pain/discomfort. doing the same line of work.
thanks for the help.

[jayne]

would you go in an operating room with waitress doing the surgery? likewise never go into a court room or sign legal papers without a lawyer they got theirs to protect them... you need yours to protect you

[Bummer Knees]

My injury was 2005, complete tears of the meniscus.

After removing the fluid, the knee was cleaned with trimming of the meniscus.

I was told up frnt my injury was severe and I would need a total knee replacement so the meniscus surgery really was of no help.

I fought for additional medical treatment for the knee for 31 months in court and was awarded the replacement 36 months after the injury and being sent to 12 doctors.

From reading your post my guess is you will need future medical and the insurance company will fight you on future medical treatment.

You need an attorney.