Back to work to soon

[1171]

It's the same guy from WC that has been handling my husbands case since day one. He actually seemed to be pretty decent in how he dealt with my husband.

are you saying they are an employee of the worker's comp carrier and have been acting as the claims adjuster on your husband's work comp claim?

[greenbean]

(10-06-2011 07:46 PM)1171 Wrote:  
It's the same guy from WC that has been handling my husbands case since day one. He actually seemed to be pretty decent in how he dealt with my husband.

are you saying they are an employee of the worker's comp carrier and have been acting as the claims adjuster on your husband's work comp claim?

He is attached to WC but I actually don't know in what capacity or what his job title is, other than my husband just calling him the WC guy. He is the one that my husband has been dealing with from the start, the one who spoke with my husband about the WC checks and mileage checks, about the doctor, the PT, etc., etc. He is the only one from WC who my husband had spoken to through this whole thing.

[1171]

i have no idea what SSDI information your workers comp guy is peddling.
there are caselaws that allow those that settle their workers comp claim to reduce the SSDI offset by pro-rating the settlement amount over his actuial life expectancy.
that information is well known by the legal community and is not something you have to sign a waiver to receive or use.
so I'm at a loss.

[greenbean]

We found out that the WC guy couldn't even mention the word settlement to my hubby, or work up the figures, without those answers. So I guess the mystery of that form is solved, somewhat.

Hubby answered the question on that form and sent it in. He called the WC guy and asked what's next and the WC guy said that since he received the form he can now discuss settlement with him. He's going to work up the settlement amount and he'd get back with hubby once he has the figures.

I don't know if or how much a settlement amount would differ if a person is thinking of applying for SSDI or not thinking about it, or, if it even has a bearing on it.

[AQA]

A settlement amount does not change because someone is thinking about applying for SSDI. With that being said, if some gets approved while for SSDI while receiving wc monetary benifit. There would be an offset in reference to the SSDI amount. Further more, special language needs to be used in the settlement agreement so there is not a loss due to an offset.

[greenbean]

I should have posted this sooner, but I wanted to thank everyone for their help and for the info on this site.

They offered my husband a decent settlement, which he took them up on and he decided to not use a lawyer. What they had offered was in the ballpark from what some of my husbands friends and acquaintances received for the same type of injury, some received a little less and some received a little more. Those that had received more generally had to go through extra surgeries, etc.

While my husband was in court there were quite a few others there but only about 5 or 6 with the same type of injury. The judge made my husband wait until he was the very last one there, only because my husband was receiving more than what the others were getting. One poor guy only got about $6k, for the same type of injury, and that guy had a lawyer too . Making a note to never use that particular lawyer in the future, if needed. lol.

Thank you again. This site has been extremely informative and helped ease the 'what if' worries too.

[1171]

glad we could help.
happy New Year