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Thread: Has anybody settled a workers comp case?

  1. #1

    Has anybody settled a workers comp case?

    I am getting concerned that with this pain I might be unable to work, ever again. My life expectancy is 25 years. PM if you have any suggestions but don´t feel free to discuss.
    Thanks

  2. #2
    workers comp is different in every state, so Boston is different than ny.
    in ny the max you can ever get is 400 a week in w.c. even if you made over 100k a year. in ny when ypou settle you are done and finished its over, when you settle the medical ends, so if your on ssdi you would have to put aside monies for medicare. basically its not a good move to settle in ny, since you could get better medical care from workers comp than medicare.
    you need a wc lawyer
    you should have applied for ssdi by now.
    cauda equina

  3. #3
    I second everything in the above post. Get the best w/c attorney you can find. The financial awards are generally set in stone by state law. However, "medical necessity" is often subjective depending on the medical documentation provided and the "kindness" of the carrier. I once consulted an attorney about settling my case, and she did not believe it could be done. Should unexpected medical complications, secondary to SCI, develop, she believed a court might rule against the carrier, even if the case had been settled. Go to the website of your state Dept. of Labor. You'll probably find w/c there. Educate yourself as best you can. BTW, in my state total disability income is restricted to 80% of your average salary. Therefore, w/c and SSDI would be limited to $32K if you averaged $40K. A non-disability related pension or other non-disability income is not a factor. PM me if you have specific questions.

  4. #4
    Thanks guys. I´ll get an attorney, but you know how it is when they never answer your questions.

  5. #5
    Senior Member
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    a friend in rehab '82 still hasn't settled.

  6. #6
    be careful when selecting an attorney , usually word of mouth from injured workers is better than yellow page ads or union sponsorship. a lot of wc attorneys are notorious for not returning phone calls, find attorney that will respond to all your questions.
    with spine injuries in ny state , there really is no reason to settle. you gain nothing and may lose quite a bit , as any future medical is signed away.
    cauda equina

  7. #7
    You don't necessarily have to hire an attorney, but a consult with an experienced w/c attorney will be helpful. First educate yourself. As suggested go to the DOL website or request any pamphlets, brochures, etc. With a little luck you will get a knowledgeable person at the state w/c office who can direct you on getting started. If you sustained an SCI on the job, you most probably are considered to be 100% disabled and will be eligible for the maximum your prior salary allows. I earned the maximum and received the maximum rate. I worked 25 years after my injury and wrote the letter for my dr. to sign, when I wanted to retire due to SCI-related problems. I had no problems and was able to retire with w/c, SSDI, and my pension. Hanging in for the 25 years was the key to being financially comfortable, since my pension was based on time, not disability, even though I took a penalty for early retirement. Remember you will only be allowed to receive so much disability related income. I am also fortunate in that I receive COL allowances with all three. That is something to check out as inflation eats up a fixed income.

  8. #8
    Senior Member Kaprikorn1's Avatar
    Join Date
    Sep 2002
    Location
    S.F. Bay Area, Calif.
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    1,369
    I had to sue in Calif cuz boss had no W/C insur. Won and got temp W/C for last 5 yrs. Getting final exams to go onto perm, total dis thru w/C this month.

    GET THE BEST WORKER'S COMP LAWYER YOU CAN.

    Without one you will be eaten alive by the system.

    Kap
    accept no substitutes

  9. #9
    what about Long Term Disability? i would think you had that coverage on the job. don't forget that. course, your SSDI would be reduced (or it used to be) by the amount of LTD you get. Human Resources ought to be able to help you with some of these questions.

  10. #10
    Kap's situation is different than most. Good move in getting an attorney. On the other hand, make sure your attorney is not getting a commission on what you are scheduled to receive. IMO, a w/c attorney is most useful in explaining the laws any your rights, intervening when there is a problem with the carrier, and identifying and sueing a potential third party. A good w/c attorney will not attempt to receive payment for money that will be yours anyway.

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