I live in California and I am at the last part of my Workers Comp. issues. I was injured August 8, 2007 and have not worked since. My QME Report listed me as 14% PPD and stated that I cannot return to my line of work. The 14% gave me about $12,000.00 which has been getting paid out to me every 2 weeks. The insurance company wants to settle with me for the $12,000.00 plus another $14,000.00 for my future medical (two possible different surgeries and pain meds )for a total of $24,000.00 minus what has already been paid. My question is: Is that enough money to send myself back to school and cover my rent and bills while I do so, or should I ask for more taking into consideration those factors? I don't want to be put into a position where I am going to school to retrain myself and then not be able to pay my bills and be put into a situation where I fall behind financially, but at the same time, I am not trying to get rich and juice the system. Is it worth pursuing at all?
bonnell74
First off what was your injuries? Will that money replace what you would be missing in pay. Also what kind of surgury will you might be needing later? Surgery is not cheap It would not take long to burn up 24,000. There is a lot of different situations to think about.
Thank you for your response. My injuries are torn ligaments to the outside of my right wrist. Also the joint at the base of the thumb might need replacement. I already had orthoscopic surgery on the ligaments, but the pain and loss of strength did not get fixed. I was a mechanic and I am right handed, so there is no chance of going back to that job, or any job that involves gripping, pushing, pulling, or lifting more than five pounds. To return to work, I would have to go somewhere and start at entry level. That is quite a bit of difference in pay from what I was making. Like I said, I am not trying to get rich, but I would like to not get taken advantage of also. I believe that you are right, $24,000.00 would go fast for surgery and for paying bills for any period of time that it will take to make myself marketable in a different field.
california's vocational rehab benefit expired at the beginning of the year.
you would be entitled to a job displacement voucher instead.
if you accept a buyout make sure you include the voucher.
http://www.dir.ca.gov/dwc/rehab.html
talk to your doctor about your medical costs. the alternative to the buyout is open medical.
it's not really fair to negotiate with some one who doesn't know the system.
tell them you'd rather have the disability in a lumpsum but leave the medical open.
they may raise their offer.
Thank you very much for the advice and your time. I will get on the phone and do just that.
You've gotten good advice so far, other non-specific info is that this is a negotiation for a settlement, don't ever take thier first offer. Do your research and be realistic to justify your counter offer, but remember unless its a pre-defined injury and assigned amount its a negotiation just like any other.
Personally, I would call a W/C attorney and ask for a free consultation. They would know more about the laws, statues and dollar amounts that your injury should be compensated for. I feel that since you will need more medical attention and re-training, this figure is too low. I would at least want a year's salary. It's your choice, but it won't hurt to ask an attorney to be clear on what to do.
Good Luck
Vickie
Thank you for the advice. I had spoken to an attorney awhile back, but not since this offer came to the table. I do agree with you about the salary, I surely would have made quite a bit more than what they are offering working for one year. I will call that attorney back and thank you again for your time.
Thank you for your reply. I am not sure exactly what a pre-defined injury is. I was told that I am 14% PPD and that I am receiving the dollar amount that is required for that, plus a little extra for my future medical. It just seems that 12,000 dollars for a wrist surgery and a possible joint replacement surgery for my thumb joint and pain killers for the rest of my life seems a bit low. I would rather not be on pain pills, but it is part of what they said I will need. Thank you again for your time.
you are probably correct; medical costs have continued to climb.
If you have concerns about future medical needs then just take an award.
if you are not represented you can talk to your local I&A officer
http://www.dir.ca.gov/dwc/IandA.html