Should my nephew try and persue a higher disability rating than the 8% WP gave him before he settles, or try and get a higher (which he needs) rating from S.S.Disability later?
Country relating to Question: United StatesState (if USA): Idaho
The question boils down to the opportunity cost of waiting and fighting, as opposed to taking the settlement. An 8% rating is not particularly high, so it would appear that regardless of how critical the original injury may have been, that the permanent effects are not believed to be too great. The problem with refusing the settlement is that if the injury really isn't much worse, then your brother could spend a lot of time waiting, assuming that the employer decides that it wants to fight.If it were me, I would want to get a second opinion from another physician, if your brother only has a single opinion thus far. If the second opinion is way off from the first, then your brother will know something is fishy, and he may want to hire a workers comp lawyer (if he hasn't already) to help with the claim.For a workers comp attorney referral, see this link.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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