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Thread: Is this really what it is about?

  1. #1

    Is this really what it is about?

    So my husband was injured at work. We have a law suite pending. Just finding out that workmans comp set aside an amount of money, lets say $500,000 for my husbands injury.
    We are in court and our lawyer tells us we have to pay him and then workmans comp gets their money back they have put into him so far, then we loose all the workmans comp benifits (wages and medical insurance).
    With the law suite we may come out with (pretend # but correct ratio) $550,000 after the lawyer is paid. Then we pay workmans comp back for what we they have paid out for him already.
    If workmans comp had set aside $500,000 for him to cover his expensis then that leaves our family with 50,000 for pain and suffering,etc, and all the extras that come along with sci. Also he will not be eligbile for medicare or our own health insurance because his injury will be pre exsisting.
    How the hell does any of this seem right. All the money we may recover will maybe cover what workmans comp anticipated his needs being.
    Dont people buy workmans comp insurance to cover these things. Idont understand why we are paying for the lawyer to get workmans comp off the hook of taking care of my husband.
    Seems so unfare!!! I just dont get it!
    Has anyone else noticed that in this time of recession insurance companies are doing well?
    Has anyone else had this experience?
    Sucks!!!

  2. #2
    I was under the impression that you couldn't sue your employer. At least in New York State that is. I have known a few people injured at work, not a bad as your husband, and they refuse to settle with workers comp. because they felt they weren't offered enough money. By them not settling, workers comp. would have to pay for all medical expenses for that particular injury forever. I'm just confused on who you are suing.

    It really would suck if you ended up with only 50,000. What state do you live in? I'm hoping for you that there is something that you're not understanding and that it will work out for you. If what you say is correct according to your lawyer, I would definitely get a second opinion. Good luck.

  3. #3
    Senior Member GoTWHeeLs's Avatar
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    This might, probably will come off wrong but to have that "amount" left is better than nothing.

    Imagine, nothing...
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  4. #4
    Nothing surprises me anymore....but i do know 50k is better than and most than some have got out of being injured.
    In my recent lawsuit i had to pay my insurance co. back medical bills before i saw a dime. What was so odd was that it was not my fault, the trucker had insurance of course and i had private insurance....so why did my car insurance pay sh*t? Lord. Makes you want to go buy a bat!
    “If everybody's thinking alike, somebody isn't thinking.” Gen. Patton

  5. #5
    Our law suit is against the company that dropped the beam off the 5th floor of a building onto his head. Our stoy is like you Suzie Q, we have to pay everyone back before we see a dime. Then we are left with a little but have all his benifits taken away also. We also have private insurance that he is not eligible to use. We have to use all the money we get toward medical care and then they might kick in again. We live in a 3 story house and he has been stuck in the basement for 2 years. Someone else did this to him and the only ones benifiting from the suit is the lawyer and workers comp. I dont get it!

  6. #6
    Yes gotwheels, life can always suck worse but what kind of a way is that to live?

  7. #7
    Is there any way you can revisit the lawsuit and increase the amount you are suing for? You say it is pending so that means it is not settled, right? Not a lawyer but it seems to me you have a reasonable case for getting more money than you are.

  8. #8
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    If he is considered disabled he would have to wait two years to qualify for Medicare, but he would not be excluded because he already has a disability. I had to wait two years to qualify and bought Cobra insurance (expensive) through my employer until Medicare kicked in.

  9. #9
    Am I correct that this injury happened more than two years ago? He should be eligible for medicare now. It's 2 years from the date of injury. Is he receiving SSDI?

    If you're unsure of your attorney, get a second opinion.

    And yes, as soon as you file a law suit, your insurance company will place a lien to collect what they've paid out.

  10. #10
    Moderator jody's Avatar
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    none of us got rich getting sci. I dont know of anyone who was fairly compensated for sci. If it really were possible to sue for it more companys would be going under to pay. only the lawyer gets rich. I think I should have been able to sue for everything the guy who hurt me had. but well those lawyers know how to work it so even the losing side walks away paid well. If we could sue for everything they had, then their lawyers would go unpaid. in the end they all celebrate in the same lawyer gets paid no matter what party, and we just get the sci. that I think, is why they drag it out so long too. so that eventually you just say, ok, ok, lets just finally get this over with. It took seven years to end my suit. I got a pittence. but in end, the lawyers all were happy. I am very sorry about your husband and what your family is going through. He should be able to get medicare. it is for people who cant work and cant get insurance. he has to be disabled 24 months. I got medicare years before my law suit was settled. I was not injured at work, but what my union paid was almost as much as what I ended up with. so in total I got 30,000 and lived off of it very carefully for a few years. when it was gone my disability payments started.

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