Settling A Denied Workers Comp Claim

Workers Compensation Attorney Joe Miller, Esq. explains why, in some circumstances, you may be approached for settlement of your case, even though it has been denied by the workers comp insurance company. Should you consider settling, even though you may be headed for Hearing? Joe discusses some general scenarios and factors that may go into such a decision.

[@mirzabaig3657]

Love your videos thanks for educating injured workers to defend their right

[@benalexender3046]

Thanks ❤

[@JoeMillerLaw]

You are very welcome!

[@yolandaatkins3317]

I wish he was in the state of Maryland 😢

[@bkin3086]

I won my wc case how long do they have to pay my backpay?

[@angievick3720]

Wait are they required to pay all backpay?

[@samuelphillips6818]

why all the lines thru my comment?

[@sutkos3288]

What if i have written report from HSE employee the was defect on floor and floor was were slick including all the bathrooms at work place . That caused me slipped and twisted my lower back really bad that required surgery

[@JoeMillerLaw]

So sorry that happened to you. Sounds very painful. As per usual, i cannot speak to your specific claim since i do not know if it originated in either VA or NC. Those are the states where I am admitted to practice and whose comp laws I am quite familiar with. Every state's worker's compensation laws are different. But in general, negligence of fault of the employer is irrelevant in a workers' compensation case and will not increase the value of your claim, if that is what you are asking. If your claim was accepted, then you have "won." There are some instances in NC where if you could prove that your injury was caused by an actual OSHA or other safety regulation violation, your weekly comp check can be increased by 10%, but that's about it. But VA has nothing like that.

[@sutkos3288]

@@JoeMillerLaw thank you so much for the update it was accepted and after 5 months when i saw IME he told insurance that i reach MMI. So i had to get treatment with my own health insurance and get surgery

[@daviddeel9341]

I hope your in my area

[@samuelphillips6818]

put in a workers comp loss of hearing after i retired from my job in 2016--put in the claim after i noted hearing problems 2yrs. later- recieved a denial letter from workers comp that the statue of limitation had expired--when i first started this job, hearing test was manatory every year-wasn't told my hearing was going bad-so i appealed this denial,well my lawyer did-but now ----how do i know it's been accepted? my lawyer will not answer that question- i feel this lawyer is a little shady because he's not talking about my case to me but trying to settle case without throwing out any ballpark figures, or numbers for settlement--can this guy settle my claim without my consent? Wished i knew about you first before letting this guy take my cases- so now he tells me he is doing a global settlement with a msa--what is this? Surgery is needed on my neck(A. fusion)-lower back(LUMBAR FUSION)--full mouth reconstruction w/bone grafts & implants (20ea.) the workers comp doctor has requested surgery to my spine (neck & lower back)-like in your broadcast, didn't tell the doctor that i didn't want the surgery-just that i didn't want to have it under workers comp( too many denials & wait time to get treatments approved)-that i will have it done under my msa when settled-- he omitted the surgeries when he submitted my medical records to CMS, but in all his reports he talking surgery-Think i should see a QME? I think it's a little too late to fire this guy, what should i do now , before this guy screw up the whole case?

[@staystacked6545]

What happens if they got proof that you got hurt but the panel doctors never seen the mri ans say nothing wrong but the mri shows something wrong and they still deny it. What you think my chances are fighting it in appeal court. I already been out of work for 2 and half years with no treatment nothing. Do you think i still got good odds?

[@JoeMillerLaw]

I do not know what State your claim is pending in, so i cannot necessarily answer your question. But MY first question would be whether you FILED your claim before whatever Commission you are supposed to have filed it with? In most states, there is a STATUTE OF LIMITATION to filing a comp claim, and it is often 2 years. So if you have not filed a claim yet, it may be too late now. In addition, regardless of the Statute of Limitations, if you've been out of work for 2 and 1/2 years with no treatment, and you're only wondering now how to fix this, you've got a serious problem. That is that no one is going to believe that you are still hurt if you have been nowhere for treating in 2 and 1/2 years. Finally, it also depends on what the "something wrong" on the MRI is referring to. You can have many things that show up on MRI that show something, but those findings may be indicative of pre-existing issues, or simply something showing up on the films that is not related to trauma. Hard for me to comment further without knowing more specifics. Sorry I could not be more help.

[@staystacked6545]

@@JoeMillerLaw im in ga and i had the case going since day one. I was hit by a car on a golf cart . They know the facts to be true. They never gave me a mri to see if anything was wrong and still said i was fine. My lawyer got a outside doctor to do a mri and it showed what was going on and they still denied it with all this time with no treatment. My lawyer talking about see if there put something on the table but i wanna appeal it and get rid of her cause i feel like this should have been a clear cut case.

[@JoeMillerLaw]

@@staystacked6545 I wish you the best of luck. Unfortunately, since I am not admitted to practice in GA, i cannot comment on any pending case there. Hope things work out for you!

[@zari6972]

@@staystacked6545how did things turn out

[@samuelphillips6818]

How do i know when i've won my denied claim- will workers comp let me know if the denied claim was accepted?

[@dennismosley9163]

What was your outcome?

[@sutkos3288]

I like the way he say YOU LOSE

[@JoeMillerLaw]

Thanks. I do not like to mince words. It's important to be 100% clear about the consequences of our choices.