advice anyone??? - Printable Version
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advice anyone??? - palmtreesandparakeets - 05-16-2008 07:37 PM
i got a call from my lawyer today and while we were talking "settlement" came up. i told him that was something i was definitely interested in. he said that most settlements(95%) end with everything out the way including future medical. i told him thats what i really want. i don't want nothing else to do with my job. they have no intentions of giving me my job back. they've made that very clear to me. i haven't had any type of rating or mmi are anything but i'm under the impression that doesn't matter in a settlement. right now i have 20lb weight and range of motion restrictions. it will be a year in june since my injury. my question is what do they take into consideration when my lawyer and the ic try to reach an agreement. do they factor in i was making 21/hr at my job and i'm catching hell right now trying to find a 7/hr job. also what type of monetary difference does it make when you settle all future medical. i have a back injury. i'm in new york. i haven't had surgery. it will be a year june 13.
RE: advice anyone??? - Deb - 05-17-2008 01:50 AM
You didn't mention what the injury to your back is or how severe. You are considering closing future medical but what if your back worsens. I have a back injury (herniated disk @ L4-L5, S1) and have been through surgery (laminectomy, disectomy). If your back worsens sometime in the future and requires surgery that would be an out of pocket expense for you if you close future medical options. I wish you all the best in whatever decision you finally make.
RE: advice anyone??? - palmtreesandparakeets - 05-17-2008 12:55 PM
the injuries to my back are. i have a couple herniations and protusions in my lumbar. i also have a herniation in my thoracic area. the insurance company is challenging the thoracic. the judge order testimony from all treating doctors. my lawyer said that the thoracic might be tossed out. i don't care about future medical. i just want this to be over and done with. thats why i was wondering what type of monetary difference it makes if you settle all future medical.
RE: advice anyone??? - jayne - 05-17-2008 03:28 PM
depends on weather you get a 10% or a 90% disabilty
RE: advice anyone??? - palmtreesandparakeets - 05-17-2008 04:00 PM
jayne you saying i have to get a disability rating before the ic can settle with me. when i went to court 4/08 the judge put my court date off until 7/08 so they can hear the testimony of all my treating doctors. i've seen 5 drs. 3 on my own. they say thoracic and lumbar. 1 my job sent me to. he's saying just lumbar. and an ime. he's saying nothing. my 3 are saying 60%. the ic referral is saying that he don't think my thoracic was injured the same time as my lumbar. the ime is saying there's nothing wrong with me. the ic stopped my tpd checks 1/08 based on the ime report. i'm no wc specialist but i would assume that based on a 3-1-1 report that worst case scenario is the wc judge say ok to lumbar and not thoracic. even with the ic referral he was the one that took me from ttd to tpd and even then he put me between marked and moderate which is 50-75% disabled. the ime is the only dr thats saying there is nothing wrong with me.
RE: advice anyone??? - jayne - 05-17-2008 05:03 PM
Boy I hate to be the one to burst your bubble...but the judge will listen to all the doc reports and them will decide or send you to a court appointed doc and then will make up his/her mind......I dont know where you get your figures but I have 6 ruptured discs 3 in neck 3 in lower back and the neck had a failed 2 leval fusion....and I got 75% after surgery....maybe NY is different but Buddy I believe you are in for a major disappointment
RE: advice anyone??? - jayne - 05-17-2008 05:10 PM
not to mention their lawyer is gonna bring up your group was due to be laided off 2 days before you were hurt......please be prepared for them to fight you to the death....they will most likley offer you a couple of thousand to go away .....you are gonna say no and the fight goes on....listen to your lawyer....I really cant see you getting 50% on a couple of strained discs thats life......I hope for your sake I am wrong
RE: advice anyone??? - palmtreesandparakeets - 05-17-2008 05:26 PM
i haven't had an official rating. those 50-75% numbers is what they based my tpd checks on. when i first got hurt in june 07. i was considered 100%. then in sept my job sent me to take and fce and they put me at 50-75(66 2/3 %) with restrictions. then the job sent me to a specialist who agreed with those numbers. every doctor i've seen since then has agreed with my restrictions. 20lb no repetitive bending pushing pulling, etc. that doctors he don't think i hurt my mid back the same time as my lower back. the job sent me to an ime 1/08 and of course you know he said i'm fine after 45 minutes. he said nothing wrong and i don't need restrictions. so i have 3 doctors 100% on my side. 1 50-50 and 1 whos for the ic. does any of this has anything to do with future medical. i'm trying to figure out how much of a monetary difference if you settle all medical.
RE: advice anyone??? - palmtreesandparakeets - 05-17-2008 05:28 PM
my group was scheduled to be laid off it just happened. theres was no way of us knowing that. i got hurt 6/13 they got laid off 6/30. we was on a week to week basic. they change the active list every thursday. the 13th was on a wednesday. far as i know i could have been laid off on the 14th or the 21st or the 28th.
RE: advice anyone??? - sparkey - 05-17-2008 06:18 PM
My advice is, it is not going to be as easy as you think. I have also gone over a year with my injury and they will not just settle as easy as you think. Like others have said, your in for a rude awakening. I do not mean to sound harsh, but I believe it is going to be alot more waiting, fighting before you see a end to all this.
Have you gone for Voc. rehab at all? What is your working future plans? You will not be able to live on what you see as a settlement, so best find some sort of work to collect an income unless you are considered disabled.
I wish you luck.