Workers' Compensation: $140,000 Recovery For Neck Injury
May 2010
Greg sustained a neck injury in an auto accident while working as a truck driver in Texas. Upon an initial examination of Greg's case, I determined we needed to address several issues for our client. I prepared a litigation strategy to walk Greg through these matters one at a time.
First, there was uncertainly regarding Greg's average weekly wage (AWW). Our client was concerned the insurance company was under-paying his weekly benefits. I carefully examined documentation to clarify this issue. We ultimately formed the opinion our client was being over-paid. I then explained this issue in detail and allowed our client to make an educated decision how to proceed.
Second, the Defendants were refusing to pay Greg's weekly benefits (TTD). I was able to negotiate an informal resolution of the issue and get his weekly benefits reinstated. The Defendants subsequently attempted to terminate his weekly compensation again through a Form 24 hearing. I aggressively defended Greg's weekly compensation. We prevailed, and he was able to continue paying his bills.
Third, Greg's medical treatment was not proceeding well. He was suffering significant ongoing headaches as a result of his neck injury. We were finally able to obtain treatment with a new physician who was able to devise a treatment plan to successfully address this issue.
Fourth, I once again discovered improper communication with my client's physicians. I utilized the Defendant's mistake to our advantage.
To some extent, Greg had a typical workers' compensation case when he presented to our office. He had several issues (some of which he did not even realize) that needed immediate attention. The insurance adjuster was taking advantage of him. He was not getting appropriate medical care, nor was he receiving proper monetary benefits. I am proud to say that we addressed each of the issues in Greg's case, and we subsequently obtained an additional $140,000 recovery for his benefit.
Practice area(s): Workers Compensation
