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Need settlement advice so confused - Printable Version

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Need settlement advice so confused - butterfly300 - 05-31-2010 12:48 PM

Hi, I was injured May 07 (2 yrs ago) I have been off work since then & my workers comp payments have just run out. I have 4 herniated discs in my neck. WC is now pressing the doctors for a disability rating. I asked my adjuster about settling my medical case & she agreed this might be the best for all involved. I have not been happy with the care I have received & rather have my own doctors. I do not have a attorney. Should I tell them the amount I would settle for now or wait for the rating? Also Im not sure the amount they will pay to ask for. 3 of their neurosurgeons said I needed surgery & this last doctor did another Mri & said no surgery & sent me to pain management. he wants to burn the nerves that are causing the pain. Again I would like to settle, get my own doctors. I have to consider possible surgery or two, pain management & I am also seeing a physicist for depression through workers comp ( it been a rough 2 yrs) Feel Im close to the end of this long, painful road & hate to hire a attorney at this point. also I will lose the relationship with my adjuster. Im guessing its like a bargin sale. You say a $ amount & they come back with a lower amount. is that correct? how should I approach the $ amount & at what time? Thank you for any help. [/font][/color]


RE: Need settlement advice so confused - inpainokla - 05-31-2010 06:23 PM

my suggestion to you would be to hire an attorney that does only work comp...bc this is what they specialize in..if hes good he will fight for what you need and what you deserve..he will also be able to look at your case and advise you on what needs to be done and what dosent need to be done..ive also heard that they can bring you alot more money come settlement time..so just call a few and speak to them(first consultation is free)and see how they may be able to help you..welcome to the forum and keep us posted


RE: Need settlement advice so confused - 1171 - 05-31-2010 08:27 PM

it's impossible to give specific information when you don't post your state-each state has their own comp system.
http://www.workerscompensation.com/forums/general/showthread.php?tid=10146

you can't know what your case is worth in work comp $$ until you know what permanent benefits you are buying out of and that is controlled by your rating.

give us your state and we can try to offer more detailed information.

generally if you are going to try and negotiate a buyout of your claim you need detailed knowledge of your state's benefits so you can price them.
future medical is particularly difficult to estimate so you'll have to discuss you needs with your doctor.
your state probably has a website with basic information.
have you checked it out?


RE: Need settlement advice so confused - butterfly300 - 06-01-2010 12:08 AM

1171 Wrote:it's impossible to give specific information when you don't post your state-each state has their own comp system.
http://www.workerscompensation.com/forums/general/showthread.php?tid=10146

you can't know what your case is worth in work comp $$ until you know what permanent benefits you are buying out of and that is controlled by your rating.

give us your state and we can try to offer more detailed information.

generally if you are going to try and negotiate a buyout of your claim you need detailed knowledge of your state's benefits so you can price them.
future medical is particularly difficult to estimate so you'll have to discuss you needs with your doctor.
your state probably has a website with basic information.
have you checked it out?

Hi, Im new to the site & learning my way around it. did not see a place to put state but I live in Florida. I have a good idea what to ask for but have been told by some its not enough & to much by others. What we need & what they want to pay are to different things. I prefer not to hire a attorney for many reasons. Ive managed this long if I could just have the info I need to finish it & timing. Thank you for any advice i do appreciate it


RE: Need settlement advice so confused - perryblues - 06-01-2010 01:16 AM

I BELIEVE THAT ALL THE MONEY YOU COLLECTED COMES OUT OF YOUR SETTLEMENT IN CASE YOU DID NOT KNOW THAT


RE: Need settlement advice so confused - Bad Boy Bad Boy - 06-01-2010 09:30 AM

If you do not have a pre-medical estimate of all the future cost of your medical needs, how will you come up with a proper dollar amount to settle your claim.

For your Insurance will not pay for future medical. Any work injury will never be paid. Meaning you then need enough settlement money to pay for future medical care.

Are you sure you want to settle knowing the above?


RE: Need settlement advice so confused - butterfly300 - 06-01-2010 11:08 AM

perryblues Wrote:I BELIEVE THAT ALL THE MONEY YOU COLLECTED COMES OUT OF YOUR SETTLEMENT IN CASE YOU DID NOT KNOW THAT
That is good to know Thank you


RE: Need settlement advice so confused - butterfly300 - 06-01-2010 11:20 AM

Hi, Bad Boy I am working on a estimate. What do you mean they do not pay for future medical? I know people have settled for future medical claims to get their own medical care & release workers comp from future medical care. It is impossible to know the future & exact $ amount so people come up with a estimate right?
Sorry if I read something you wrote wrong but that really confuses me. can you explain that a different way ? I want my own pain mangement, psychiatrist & nero surgeon. Of course I dont know the exact amount or even how long I will live so there has to be a way of settling right? I know FL laws are tougher than most places from what I have heard.


RE: Need settlement advice so confused - Bad Boy Bad Boy - 06-01-2010 12:33 PM

I'm sorry, I meant to say your Health Insurance will not pay for the future medical. My mistake. I didn't mean the Work Comp Insurance...


RE: Need settlement advice so confused - butterfly300 - 06-01-2010 10:54 PM

My husbands health insurance has been picking up the slack. For the longest time I had to use it due to wc dragging their feet so I dont imagine they would give me a hard time now. it is like pulling teeth to get doctors to give me a estimate so I know what to ask for. I do know a 1 level disc replacement & 1 or 2 level fusion is around $77,000 not counting 2 or 3 day hosp stay. have no clue what that would be & if something went wrong & I needed another surgery or pain mangement for the rest of my life. Coming to a $ amount is really hard. I do our insurance does not pay for disc replacement , they consider it to new. has anyone here had this type of surgery or a fusion?? What $ amount would you ask for with the info I have given you? again I really appreciate the help & understand you are not attorneys & just being helpful Smile