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workers comp settlement demand letter
#1
My adjuster and I spoke and I told him I would like to settle my case.
She is asking for a demand letter.

Does anyone know where I can find a sample format or pdf fill-in?
 
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#2
Pennsylvania

http://www.portal.state.pa.us/portal/ser...595&mode=2
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#3
sure:
my demand for settlement is $xxxxxxx.
sincerely,
I.M. Hurt



every case is different with different issues and different state laws so there is not a universal settlement agreement or request for agreement.
 
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#4
I did get a chukle out of that. Thanks.

I did however, think that there would be a bit more information neded to make a competent settlement demand. I know my whole body disability rating and have calculated what that is worth. Also have taken my best "wild-ass-guess" for future medical. I just don't know how to compile all of this info into a letter that the ajuster will dismiss for being prepared by an amature.

Thanks for any help you can offer.
 
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#5
I don't know what state you are in, but from your name I assume it may be a PA claim. If so, the impairment rating means almost nothing in PA unless it is equal to or greater than 50%. There is no applicable formula in PA based on an impairment rating, and if you want to get true value for your case, you should consider hiring a lawyer to handle the settlement negotiations.
 
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#6
you are not a professional and you want it to be clearly apparent to all.
not being a professional gives you leeway with the court and administrative agency that attys and adjusters do not have.
the courts most always go out of their way and give the benefit of the doubt to those outside the system.
so don't make it polished; use your own words.

that doesn't mean you shouldn't know what you are doing.

a rule of thumb for negotiating is stay away form nickel and dime breakdowns and details. that just opens the door to piecemeal negotiations and things get picked to pieces instead of resolved.

stick with a bottom line number---"out-the-door", "final take it to the bank check amount."
let them figure out all the deductions and different accounts and benefits that they need to get to the bottom dollar.
your opening number should be raw -covering the value of all the benefits you might foreseeably need.
you can cut it down and compromise the amount later.
you should also have a bottom line number in mind --below which you will not settle and will go to court over.
don't tell anyone what that number is.
stick to it unless it's in obvious error.

Do not be afraid to go to court. in fact it's best to negotiate with a court date set so they have another reason to get it done (they really hate hearings)
 
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#7
If you don't have an attorney, and do wish for you papers to be checked over to make sure they are high enough and all. You too can pay an attorney a one time use. When in doubt seek the help.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#8
You are playing a very dangerous game with your future.

You have been given some very good or should I say GREAT advise. Except for 1171's first response. LOL

It is very easy for a injured worker to come up with a figure for monies lost do to an injury. Often that figure is way to high. Now as far as the medical goes. You have a wild (Jayne's lame attempt to bypass the Bad Word Filter) guess. O K, great. What happens if your figure is to low. Then who pays???? Your person insurance?????? NOT. They are not going to pay for something that someone else should have payed for. You can go after WC for that money because you settled with them. Who pays????? Further more. Lets say there are complications with future medical. Meaning, something goes wrong with a surgery and something else is needed. Who pays for that???????????? I know my WC insurance had payed over half a million for my surgeries and they will be paying for my meds. and implant replacing until my time has come.

As I said at the begining. " You are playing a very dangerous game with your future ".

You may want to take the advice given and use it. Contact and attorney. If you do not retain them. atleast you may get some great legal advice.

Just my thoughts. Take Care

Further more. If you make the first offer. You have just set the bar. The IC can either except the offer, decline the offer, or counter the offer. If they counter the offer, then they have set the low bar. At that point you can either try to negotiate or withdraw the offer. that all.

I think you would be in a better position if you had an attorney on your side and let the IC make the first offer. Furture medical could destroy you financially.

Take Care

Take Care
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. Jesus died for our sins. Soilders died for our freedom.
 
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