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Thread: Is this really what it is about?

  1. #11
    Do you have the option of a permanent disability pension from WC or must it be a payout. If you can get permanent disability then tht is the way to go.

    Will they continue to pay for his durable medical equipment and medical needs due to injury. What about your getting payment for caregiver.

    I've been on L&I for 36 years. They tried to get me to go with a payout but I had a lawyer who used to work for the state. He got tired of screwing people who deserved more than they got.

    I trust you have a Lawyer who specializes in SCI and workers comp cases.

    Mine ended up with our getting payment for SCI and argued for a higher claim in that double amps recieved more than a person with SCI and SCI is basically a double amp with legs. Also got my wife a nice check every month for doing things that I would normally be able to do before injury.

    It's really important to get it right because once you've signed the papers, its hard to go back. I can't emphasize enough how important it is to have the right lawyer. Lawyers generally DONOT have your best interest at heart. They want their cut and move onto the next case. Get a second opinion if possible.

  2. #12
    1st to remphasize the last poster patrick m, once you sign the papers, usually you cannot go back, game is over .
    also remeber every state is different fot wc
    you do not have to settle, you can leave the case open and collect indemnity , this is what most people do in nys that are severly injured.\the weekly mony is pisspoor, around 425 a week now max,
    but you get medical for the rest of your life, medical that is casual related tot eh injury. and if complications set in due tot the injury/depression/needs dma , that is all covered. possibly remodeling of bathroom or house too.
    bottom line youdo not have to settle, in ny i think it i called a sec 32, however once you settle you no longer get medical, and medicare also takesout a medicare set aside of your settlementmonies. thismoney is held in escrow and every bill that yoy have, the moniesget paid out ofthat fund, only when that money is finished, doe the wc injury get apid for by medicare. you also can only spend that set aside money on the services and payments that wc would authorize. so even if you had the money in the fund for an ibot or special adaptive 3 wheel motorcycle, if wc would not pay for those items within your injury parameters, you cant spend your settlement money on them.

    if his injury is severe,which it sounds like it is, there is no reason to settle now all hospital/ medical and dme /rx's should be paid for by comp.
    he should also get a weekly payment for lost earnings.
    sometimes suck ass lawyers push people to a settlement, since they get paid a portion of the settlement, that is only good for the lawyer, and if this was really the case , a complaint should made to the bar association, since the lawyer should be looking out for their client.
    and grt a new lawyer

    workers comp has no pain and suffering payments, you get to do that for free.

    that would be the second party involved, hopefully there you will win a decent settlement.
    if you rlawyer seems like he is out for himself, dont let him handle the big case,get another lawyer.
    you can also get another lawyer for the wc case,
    you need to place your state in your profile,
    Last edited by metronycguy; 02-10-2010 at 03:04 AM. Reason: sp
    cauda equina

  3. #13
    Senior Member GoTWHeeLs's Avatar
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    Quote Originally Posted by newbee View Post
    Yes gotwheels, life can always suck worse but what kind of a way is that to live?
    No one said it was an easy life, it's a constant struggle but it will work out. I was injured at the fault of the city and didn't even get an opportunity to see it out in court. I rely on the governments programs at this time, I guess thats my settlement...
    Say what you mean and mean what you say because those who mind dont matter and those who matter dont mind.

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  4. #14
    Quote Originally Posted by metronycguy View Post
    1st to remphasize the last poster patrick m, once you sign the papers, usually you cannot go back, game is over .
    also remeber every state is different fot wc
    you do not have to settle, you can leave the case open and collect indemnity , this is what most people do in nys that are severly injured.\the weekly mony is pisspoor, around 425 a week now max,
    but you get medical for the rest of your life, medical that is casual related tot eh injury. and if complications set in due tot the injury/depression/needs dma , that is all covered. possibly remodeling of bathroom or house too.
    bottom line youdo not have to settle, in ny i think it i called a sec 32, however once you settle you no longer get medical, and medicare also takesout a medicare set aside of your settlementmonies. thismoney is held in escrow and every bill that yoy have, the moniesget paid out ofthat fund, only when that money is finished, doe the wc injury get apid for by medicare. you also can only spend that set aside money on the services and payments that wc would authorize. so even if you had the money in the fund for an ibot or special adaptive 3 wheel motorcycle, if wc would not pay for those items within your injury parameters, you cant spend your settlement money on them.
    Thanks metro, that's exactly what I was gettig at in my post. I personally wouldn't settle unless the payout was substantial. Let workers comp pay the minimal in monthly payments but everything in medical and dme, possibly even in pc care if needed now or even down the road. That is worth so much more than cash when an sci is involved.

    just one thing I don't understand,maybe you can answer. I thought you couldn't sue your employer, at least in nys. What am I missing here?

  5. #15
    Senior Member Clipper's Avatar
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    Quote Originally Posted by cara_m View Post
    just one thing I don't understand,maybe you can answer. I thought you couldn't sue your employer, at least in nys. What am I missing here?
    Generally speaking, you forfeit your right to sue your employer if you choose to accept worker's comp benefits instead.

  6. #16
    I dont know much about lawyers but this thread is interesting .
    Basically I am just looking at all of the responses and stuff
    Sincerely;
    Gypsylady

  7. #17
    Senior Member Big Tuna's Avatar
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    Great thread! I'm also dealing with all the workers comp issues in PA. Every state is different though.

    Wages and medical are two SEPERATE settlements. Dont get pushed into giving up medical, even if you are eligible for Medicare. If a Dr says you need something and will write a script they must cover it! 100% no questions asked.

    Housing modifications ARE covered by workers comp. They are considered 'medically necessary'! Be ready for a battle though. They try to get away with unrealistic low ball offers. I've been fighting them for 1.5 yrs to get a new house. The end is near though!! This is where an experienced comp lawyer is worth the fee!! Make sure the lawyer has WON big settlements for clients with similar injury levels. Unfortunately less movement = more $$

    Clipper is right - because you get comp $$ you cant sue the employer directly.

    Now if a sub contractor is responsible for your injury (mine was) you CAN sue them and still collect workers comp. But you will have to repay the lien to the workers comp carrier on any 3rd party recovery. A good comp lawyer can negotiate the total lien $$ down as a "wage settlement package" to help entice a good offer.

    It gets confusing all this legal BS but it pays to be informed!! Good luck with your case! My Workers Comp case should be done by early spring........Fingers crossed!
    Inc C4 since Oct 07

    "Fate rarely calls upon us at a moment of our choosing" - Optimus Prime

  8. #18
    Senior Member Big Tuna's Avatar
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    Quote Originally Posted by metronycguy View Post
    ... collect indemnity , this is what most people do in nys that are severly injured.\the weekly mony is pisspoor, around 425 a week now max
    NY caps your weekly comp $$? That blows! What if you were on a rate job making more than that per week??

    In PA they have to match your weekly pay. Each states diff but that sucks for NY ....
    Inc C4 since Oct 07

    "Fate rarely calls upon us at a moment of our choosing" - Optimus Prime

  9. #19
    Quote Originally Posted by GoTWHeeLs View Post
    This might, probably will come off wrong but to have that "amount" left is better than nothing.

    Imagine, nothing...
    I got nothing in my malpractice lawsuit and I still sympathize with newbee wholeheartedly. $50,000 is nothing! Even if I didn't get one penny, I still acknowledge what a shitty compensation 50K is.


  10. #20
    Senior Member brucec's Avatar
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    Quote Originally Posted by newbee View Post
    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!!!
    sorry to hear the news and pain you're going thru, i was injured in 1978 in a car wreck (c8/T1), insurance gave me 50k, well 15k for van and 15k to bail parents outta debt, didn't leave much. so off to work I went
    We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.
    Ronald Reagan

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